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HomeMy WebLinkAbout2000-06-05 Minutes, City Commission -...'.~-'- - MINUTES OF THE MEETING OF THE CITY COMMISSION . BOZEMAN, MONTANA June 5, 2000 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, June 5, 2000, at 3:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey, Staff Attorney Cooper, and Deputy Clerk of the Commission DeLathower. The meeting was opened with the Pledge of Allegiance and a moment of silence. Commissioner Brown requested cancellation of the regular Commission meeting of June 26 be removed from the Consent agenda for discussion. Minutes - Auaust 16 and Sectember 7. 1999. January 18, January 24. January 31. February 7. February 14. May 1. May 8. May 15, May 22. May 30 and May 31. 2000 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meeting of September 7, 1999, be approved as submitted and that the minutes of the meetings of . May 1, May 8, May 15, and May 22, 2000, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of August 16, 1999, January 18, January 24, January 31, February 7, February 14, May 30 and May 31, 2000 to a later date. Ordinance No.1 51 8 - Drovidina for revisions to Drohibitions in Dublic Darks. to include not allowina skateboards in or on Davilions or staaes Included in the Commissioners' packets was a copy of Ordinance No. 1518, as approved by the City Attorney, entitled: ORDINANCE NO.1 518 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1463. WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE. BE AMENDED BY REVISING SECTION 12.26.030; PROVIDING FOR REVISIONS TO PROHIBITIONS IN PUBLIC PARKS. . Distributed just prior to the meeting was a petition asking that the Bogert Pavilion remain open to organized, supervised events. Staff Attorney Cooper also distributed optional ordinance language, 06-05-2000 - 2 - should the Commission decide to consider further restrictions on the operation of skateboards in City . parks. City Manager Johnson highlighted the reasons he requested this revision to the ordinance. He then read the proposed language statement. Regarding the optional language, Commissioner Kirchhoff asked if the first paragraph is another way to phrase the ordinance, and can the second option be layered on top of it? Staff Attorney Cooper responded the first option is in response to Commission questions regarding damage skateboards can do. This would be substituted for subsection B of the park regulations; while the second option would be separate and independent of subsection B, and is another prohibition for the Commission to consider. Mayor Youngman noted the first option doesn't include "stage". Staff Attorney Cooper acknowledged the omission was an oversight and can be added. Commissioner Smiley asked to hear about damage to City property from Superintendent of Facilities and Public Lands Goehrung. Mr. Goehrung stated the primary damage is to the picnic tables, which are being used as ramps and "grinding" devices. Years ago the City pulled the metal picnic tables out of Bogert Pavilion and substituted the wood ones in an effort to curtail that. That was also an attempt to deal with the noise. Bike racks are also now being used to "grind". Noise remains the biggest problem, along with vandalism. This ordinance will make enforcement easier for the Police Department. Several years ago the Park Department brought in large Spruce trees and planted them on the west side of the pavilion in an attempt to use that landscaping as a noise buffer. Referring to other changes in the ordinance, Superintendent of Facilities and Public Lands Goehrung stated there has been problems with animals being penned in the parks, and vehicle traffic . in the parks is also a problem. Both these activities make it very difficult to reclaim those areas after the damage. Mayor Youngman asked if the prohibition on animals penned in the parks would eliminate the Humane Society from being at the Farmers' Market this year. Mr. Goehrung replied there is no provision for the Farmers' Market to spill out onto the lawn. Mayor Youngman then suggested perhaps the language should include the phrase" ...unless approved by the Director", so this doesn't have to be revised again. Mayor Youngman returned to the subject of skateboarding, asking when the West Babcock Street facility will be opened. Mr. Goehrung answered the City is waiting for the parents to come forward with the equipment. The recycling bins have been moved and the curb stops have been set up; we are just waiting for the ramps. He indicated he would like to have it ready for use when school is out. Mayor Youngman asked if this ordinance is finally adopted in two weeks, when will it take effect? Staff Attorney Cooper responded 30 days after that. Bill Clinton, 216 Lindley Place, told the Commission he is in favor of this ordinance. He believes it is a great idea because he lives 110 feet from the pavilion, and he sees the destruction of park property as the main issue. There has been hundreds of dollars of damage done to picnic tables already this summer. He also sees conflicts between picnickers and skateboarders. Skateboarding prevents picnicking because of the noise. During the summer, skateboarding takes place from 8:00 am until the wee hours, with the peak hours being from 3:00 pm until 10:00 pm. Mr. Clinton has taken noise level readings and those readings show the noise levels exceed 68 decibels, with only three skateboarders. Normal noise limits have been established at 55 decibels. Noise generated by skateboarding and the . design of the pavilion itself add up to an unpleasant situation, and the problem is getting worse all the time. Before there is a blowup between picnickers and skateboarders, something needs to be done. 06~O5~2000 - ...-.--.------- ___.____._..__u__ .--...----.---- - 3 - Anna Epp, 8986 River Road and 4H leader for the skateboarding project, stated they are trying . to set up the temporary skate park. They are planning to move the ramps they have to the new location this weekend, and then they will be ready to go. They were originally hoping to have new ramps built, but that has not materialized. The 4H group is concerned about their ramps because they are not weatherproof; originally they were constructed for indoor use. Ms. Epp feels this proposed ordinance is a bad idea. The group has contracted with five professional skateboarders from California to conduct demonstrations, and there is nowhere else for them to skate in the middle of the afternoon that will be shaded except for the pavilion. There is no other concrete in Bozeman where these kids can skateboard; they need a place to go. Ms. Epp also objected to the singling out of skateboarders. She pointed out that roller hockey and ice hockey are also played in that pavilion. She doesn't think it is good to pick on just one user group; bicyclists and roller bladers have more ability to jump up and down off of things than skateboarders. Bikes also damage property. The 4H club has travel money available, but there are only limited areas to put on demonstrations; and Bogert Park is one of them. 4H skateboarding is a good activity, and public demonstrations are a big part of that program. Dave Crawford, 218 Lindley Place, stated he appreciates the efforts of the folks trying to get the skate park built; and he believes it is the right answer for this problem. His problem is with the noise. He cannot open his windows in the evening because it's too loud and his young children cannot sleep. He also has a problem with the damage occurring to public property. There are some appropriate activities and some incompatible activities held in Bogert Park, and he agrees nothing else can be done in that area when there are skateboarders there. This is not the best use of this facility where the public is concerned. . Dan Liebe, 1369 Bozeman Trail Road, doesn't disagree with the proposed ordinance; however, he suggested a good compromise would be to allow skateboarding in the pavilion during planned and approved times. People will get sick if they do this activity outside during the heat. He also sympathizes with the residents; but he asks the Commission to consider a compromise allowing authorized and approved pavilion use. Mike Baber, 1000 North 17 Avenue, #186 and a clergyman representing a multi-church group, SK8 Church, stated he is working with these kids and trying to find them a place to skateboard. His group is looking diligently for an indoor facility for the kids to use. He agrees 100 percent with the people who have expressed their complaints, but he doesn't think they reflect the consensus of the people in the neighborhood. Others in the area have thanked them for the work they are doing with the young people. The Church provides adult supervision for 2.5 hours of supervised activity, and they make sure the kids know how to behave and respect property. This pavilion is a unique facility and meets the requirements of the church's activities. He continued, saying they have had projects on the table for months and years which are now scheduled for this summer. He characterized those skateboarding irresponsibly as "the bad boys, the skate rats"; and he has hit them as hard as he can to change their behaviors, but it is unfair to compare them with the church's program. Mr. Baber encouraged the Commission to find a compromise, reminding them that his group is working hard to find a facility that will meet their needs. "You are throwing the baby out with the bath water when you compare these few complaints with our numerous compliments received from other neighbors." . Lorel McChesney, 7197 Lorelei Drive and 4H group leader, remarked she has four sons who roller 06-05-2000 -.-.---.- - 4- blade and skateboard; and she believes this proposed ordinance is blatantly discriminatory because it . singles out one group. She understands noise is a major concern to the residents, but she questions why this ordinance outlaws only skateboarding; not hockey, roller blading, or freestyle biking. These groups all "grind", and there are shoes available now that allow "grinding" as well. Ms. McChesney informed the Commissioners that, after first okaying it with the Park and Recreation Department, the 4H group announced to all its skateboarders that Bogert Pavilion will be available to them for skateboarding as long as there are no picnickers or other groups using it. If the group takes their indoor ramps to the West Babcock Street facility, they will be ruined; and the group will not be able to hold their 4H skate nights. Ms. McChesney characterized the West Babcock Street facility as too small for their needs. It is not uncommon for them to have between 200 and 300 skateboarders at their skate days. This proposed ordinance is too restrictive, and the group needs an opportunity to hold its scheduled events; therefore, they are asking for a four- to six-week delay before the Commission takes action on this proposed ordinance. Jay Moore, 3160 Prairie Smoke Road and owner of World Boards, acknowledged he has been skateboarding for over 30 years, and he has seen the growth of skateboarding. He feels there is a definite need for a skateboarding facility, characterizing the current problems as ones he foresaw years ago. There is nowhere for the skateboarders to go, and there are skateboarders in this town. If the City makes skateboarding illegal in Bogert Pavilion, it will cause a lot of problems. The problems occurring in Bogert Park are caused by those the City cannot police anyway; 4Hers are not the abusers. There is no way to police those abusers; we try. We try to take these kids under our wings to make them responsible skateboarders. Mr. Moore stated he has built about half the skateboard equipment in this town; and . skateboarders really need a facility, which is why they pursued the skateboard park. Right now the City needs four parks to accommodate the number of skateboarders. "If you cut off the life blood, the only place there is to skate, you will have more problems." The law-abiding kids and older adults aren't the ones doing the damage. The people who don't abide by the law are the problem and eliminating an entire place for them to ride is not remedying the problem. This is a very difficult situation; hopefully the park we will have will be very nice, but it will be overcrowded immediately. This ordinance will enhance the overcrowding. Mr. Moore said he understands the neighbors' complaints with the noise and damage, but making it illegal will not solve the problem. This small group of people will continue to damage public property. There are hundreds of skateboarders, and there is no way to corral them all into compliance. Mr. Moore closed by adding he would hate to see skateboarding illegal in this park. Pete Deichmann, 226 Lindley Place, agreed with the other neighbors that it is the noise that is most bothersome. He doesn't know whether it is law enforcement's unwillingness to enforce the current laws or what the actual problem is. He stated he would like to see the pavilion moved, the asphalt dug up, and the creation of a berm area which could be flooded in the winter for skating and used as a picnic area in the summer. Mr. Deichmann suggested moving the pavilion to the fairgrounds and making Bogert Park a real park. He said he knows skate parks work, but they are very regulated. Those who use them otherwise are arrested or charged. The pavilion must be policed if it is to remain. He closed by restating the noise is a very real problem; we can't be in our yards and have a picnic, and those in the park can't either because of the noise. Adam Epp, 8986 River Road, told the Commission he skateboards, and he thinks they should . think this over a little more. He believes there should be a set time to skateboard there. 06-05-2000 --------------- ---------.-.- - 5 - Commissioner Smiley explained the responsible skateboarders aren't the problem; it is those who . won't leave when there is a picnic or group that has rented the space. There are set hours when the park is open, but the problem skateboarders won't leave when the Police ask them to. They return as soon as the Police turn the corner. She acknowledged that Mr. Deichmann is probably right; the pavilion should not have been built there in the first place. Neighbors have been calling the Police every hour from 10:00 pm until around 4:00 am. If the 4H organization wants to police the pavilion after 10:00 pm, that could be one solution. Commissioner Frost asked Superintendent of Facilities and Public Lands Goehrung if this pavilion is rented like other city-owned facilities. Mr. Goehrung replied it is on the list of facilities that can be reserved. Commissioner Frost then questioned, when the 4H group has their demonstrations, do they reserve the pavilion? The Superintendent responded the Park and Recreation Board is proposing that reserving the pavilion for more than two consecutive days or more than four times per season becomes a license for use. With our current reservation system, we identify a time and location for their use, but there is no guarantee there will not be somebody at that location. A number of times people with reservations have told us they are congregated on one end so they can be together as a group; and there is other activity at the other end, so it is difficult for them to make use of the pavilion. Commissioner Frost inquired if the skateboarders reserved the pavilion for a specific time when they hold their demonstrations. Superintendent Goehrung answered they can reserve it as a license for use. However, if this practice is allowed to continue, the City will enter back into an area where it will need the additional insurance coverage. Currently the City allows only one other amplified event use per month in addition to the band. The City is now paying Rocky Mountain Security, in addition to the Police Department, to patrol Bogert Park and send the Superintendent a report as to how many people are asked to leave. Commissioner Frost questioned what time the park closes, to which Mr. Goehrung . replied 10:00 pm or dark. Commissioner Kirchhoff stated he is questioning whether or not this proposed ordinance will cause more good than harm. He doesn't feel it has been shown it is going to do more good than harm. He also is not certain the Police are going to have any greater success enforcing this ordinance than they are now. He noted he doesn't see a change between the actions occurring and the Police actions. Mr. Kirchhoff agreed this doesn't seem to be an impartial law; skateboarders are not the bulk of the destruction and the "grinding". But, on the other hand, we have to be sensitive to the noise and the destruction of public property. The Commission has to focus on what is possible and write an ordinance to address that. Is it possible to allow skateboarding within prescribed hours? He acknowledged people don't like to picnic near noise, but he is certain it is worse during the dinner hour and following. It seems to him this could be an acceptable activity, even with the noise, during the daytime hours; perhaps 9 am until 5pm or even further condensed hours. He agreed people will find a way to continue what they are doing now, whether this ordinance is passed or not. Mayor Youngman pointed out the difference is the Police will be able to issue tickets; which should be a better incentive for people, if they have to pay money, rather than just being asked to leave. If there weren't an alternate location being provided, she said she would feel differently. When the Commission agreed to put the skate park in Kirk Park, it was to replace the Bogert Pavilion; to get skateboarding out of Bogert Park and into a more appropriate location. It was noted then there were too many skateboarders to hold at this Kirk Park location, but it was never intended to allow skateboarding to remain at Bogert Park. Currently there is not a good way to mitigate the noise. Mayor Youngman . indicated she would be willing to allow a special event or two that has already been scheduled. People living near Bogert Park have a right to some quiet and allowing skateboarding every day is excessive. 06-05-2000 , .......''I''~ - 6 - There is a temporary facility being allowed, and the Kirk Park facility is moving forward. It should have . been ready this summer, but it won't be because the fund raising took longer than planned. However, the neighbors are entitled to a break from this incessant noise. Mayor Youngman continued, saying there will always be those who will disregard the law, but we need to add teeth to this ordinance for the Police Department. This is a good activity and an important sport to accommodate in the community as long as it doesn't destroy other activities that preceded it, like people sitting in their back yard, picnicking, etc. The Commission is not singling out skateboarders; it is attempting to deal with damage and noise. The only activity the City has had complaints about causing noise is skateboarding. Mayor Youngman agreed "grinding" done by anyone should be ruled out. The Commission cannot leave the policy as is, it creates too much conflict, as long as the Commission is accommodating the activity, which it is. Commissioner Kirchhoff offered his revision would be to the time skateboarding is allowed. Commissioner Frost stated he sees a difference between this multi-use facility and a skateboard park. If people are going to break the law, the City needs a structure in place to make sure they pay for it; whether it is through a fine or some other mechanism. Approved times could be a possibility, but he doesn't want to see those times extending all day and all weekend long. People living next to parks should expect some noise, but not all day and night. Commissioner Frost said he believes the Commission should allow appropriate times, those according to City regulations. He asked if the wording could be changed to say, '''No person can operate sports equipment with wheels', which will address in-line skates, bikes, and everything else causing the damage." Mayor Youngman said in-line skating is different; the City hasn't had any noise complaints about skating. She suggested the Commission may want to play with the wording; the Commission hasn't . heard the noise level is as loud from these other activities. She then asked if the Commissioners wanted time to play with the wording for a couple of more weeks or revise the language now and revise it further before the final vote. Commissioner Frost stated his preference would be to move this along before the summer is over; adopt the ordinance as is, and then reword it before final adoption. Commissioner Brown said he is sympathetic for the need for a facility for skateboarding, and the Commission has worked to provide an area for this activity. The Bogert Park neighbors have been reasonably cooperative with the noise issue. Laws are written for the exceptions to the normal population, and he feels this situation is out of control. He will favor allowing organized, prescheduled events at Mr. Goehrung's discretion; however, these activities do need to pay a portion of the costs involved. He stated that, personally, he feels the skate park should be located in the county rather in the city. Mr. Baber told the Commissioners the parameters of their ministry are 2.5 hours, from 2:00 until 4:30 pm. They had 9 rentals last year and have scheduled 17 for this year. They are agreeable to the user agreement; they have had no discussion regarding modifying that at all. Commissioner Smiley shared her thoughts about modifying "the time thing". There shouldn't be skateboarding allowed on weekends; afternoons only, during the week. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Mayor Youngman told the audience she will open this up to public comment during the next . meeting, but in the meantime they can write or call to give the Commissioners their input. The Commission is trying to come up with the best solution for skateboarders and the neighbors alike. 06-05-2000 ----.----- - 7 - Whatever the Commission does today is not final; it will come forward again. . Commissioner Kirchhoff noted three Commissioners want no weekends, prescribed hours in the afternoon, and allowing for previously scheduled events. Once the skateboard park is finished, Bogert Park will be off limits to skateboarding. Commissioner Brown said he is reluctant to have an open-ended agreement that places less emphasis on completing the skateboard park. Mayor Youngman suggested they could limit this to a one-time weekend event only, which is the more traditional single rental approach taken in the past. Commissioner Smiley agreed that would also be within the parameters of the normal park hours, which should be okay. Commissioner Frost then questioned the SK8 Church's request for 17 uses from May until October. That is atypical, and they need some sort of a signed agreement. Superintendent Goehrung stated he is trying to get a policy, so that he is not in the same awkward position he finds himself in now. However, he is not going to give anyone organization 17 reservations a summer. Staff Attorney Cooper offered a short history of this ordinance, stating it started with the flat prohibition of skateboarding in the pavilion, then at last week's discussion the Commission said that wasn't sufficient because enough city-owned structures have been destroyed. So the prohibited activities were combined. Now the Commission is suggesting not totally prohibiting skateboarding at a prescribed time. He said that speaks more to him to keep skateboarding off the bike racks, stage, and other structures. If these issues are separated out, the City is going back to where it started. The City is prohibiting these activities, but that prohibition does not include prescheduled events and skateboarding in appropriate times and places. . Staff Attorney Cooper pointed out if the Commission decides to use the optional language suggested in the first paragraph, that will achieve what they started trying to achieve-stop destructive skateboarding; while allowing, under a separate provision, an allowance for authorized, regulated skateboarding in specific instances. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to provisionally adopt Ordinance No. 1518, as amended to read: "v. No person shall operate a skateboard on or against any city-owned table, bench, structure, tennis court, pavilion, parking stop, retaining wall, fountain, statue, railing, stage, or other improvement which may suffer damage by such use; or use or place a ramp, jump, or any other device used to force a skateboard off the pavement on the grounds of any city- owned parking lot, park, or sidewalk.", and "L. Pasture or pen any animal, domesticated or wild, except as authorized by the Director." The motion passed by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that staff be authorized and directed to bring back another ordinance further revising sections on park use which will allow for duly authorized, licensed events regarding operation of skateboards in authorized areas and setting the hours for such authorized events at 2:00 pm to 4:30 pm, Monday through Friday. The motion passed by the following Aye and No vote: Those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. . ' Reauest from Gerrard CorD. for $100.000 loan from Community Affordable Housina Funds for ASDen 06-05-2000 - 8 - Meadows. a low-income housina tax credit Droiect . Included in the Commissioners' packets was a memo dated May 4 from the Community Affordable Housing Advisory Board forwarding the Board's recommendation. Caren Roberty, Housing Project Manager for the Human Resource Development Council. presented the requests from the two applicants and the Community Affordable Housing Advisory Board's recommendations. There is $80,000 in funds available, and the Gerrard Corporation asked for $100,000 at 4 percent interest for 25 years. The Board's recommendation is to loan them $70,000 at 4 percent interest for 20 years. Commissioner Kirchhoff moved and Commissioner Brown seconded to approve the Community Affordable Housing Advisory Board's recommendation to loan the Gerrard Corporation $70,000 at 4 percent interest for 20 years. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman. Those voting No, none. Reauest from Reach, Inc.. for assistance with reDairs to livina facility at 434 North Tracy Avenue, either throuah $25,400 in Community Affordable Housina Funds or throuah liftina of deed restrictions Included in the Commissioners' packets was a memo dated May 4 from the Community Affordable Housing Advisory Board forwarding the Board's recommendation. Caren Roberty presented an overview of the request from Reach, Inc., who asked for $25,400 to repair their foundation or to have their deed restriction lifted 50 they could mortgage this property. . There were no prohibitions found during a search of records at the courthouse that would prohibit lifting those restrictions. The Community Affordable Housing Advisory Board recommends lifting the restrictions, which would allow more money in the Community Affordable Housing fund. Commissioner Smiley asked City Manager Johnson to explain how the City could loan them money rather than using Community Affordable Housing funds for this project. City Manager Johnson explained this loan could come from investment accounts, rather than out of the Community Affordable Housing fund. Banks would also agree to loan Reach, Inc. money if the City guaranteed it. The City could loan them money from any fund the Commission wants to, or we could guarantee a loan for the bank. Rob Talen, Director of Reach, Inc., stated their preference would be for the City to lift the deed restriction because, in effect, the City owns the property; and Reach, Inc. is not interested in borrowing money to repair the City's property. Reach would be open to either a grant or the lifting of the deed restriction. Caren Roberty explained part of the reason the Community Affordable Housing Advisory Board went with recommending lifting the deed restrictions is because of the shortage of Community Affordable Housing funds. Also Reach, Inc. currently owns six properties; and when someone owns multiple properties, it helps to be able to take out a loan against one to repair another. They have been in this community for over 20 years and have proven themselves, and they will be a strong force well into the future. . Commissioner Frost asked if anyone knew why the deed restrictions were put on in the first 06-05-2000 .. -.-..-..--. .._._---~ .--- ---..----- ....--.---.-...---- - 9 - place. Commissioner Smiley answered she believes it was to appease the neighbors. This was before . the laws stating group homes could go into any neighborhood. Mayor Youngman asked for Commission inclination on this item. Commissioner Frost indicated he agreed with the Board's recommendation. Commissioner Smiley stated her preference to loan Reach, Inc. the money; however, since they don't want that, she will go with the Board's recommendation as well. Mayor Youngman also supported the Board's recommendation, saying she doesn't believe this is an asset the City needs to protect. Reach, Inc. serves the community's interests very well. Commissioner Brown stated he would go along with the rest of the Commission. It was moved by Commissioner Brown and seconded by Commissioner Frost to direct staff to prepare the necessary legal documents to lift the deed restrictions on the property at 434 North Tracy Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Acclication for Kennel License - Robert Oakbera, 2526 Landoe - Calendar Year 2000 Included in the Commissioners' packets was a memo from Animal Control Officer Lien, dated April 17, forwarding her findings and a recommendation. Animal Control Officer Lien presented an overview of the application stating she recommends approval of this application. She has received no complaints. No public testimony was received. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the application . for Kennel License submitted by Robert Oakberg for Calendar Year 2000 be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Acclication for Kennel License - Donald Burton, 409 Park Place - Calendar Year 2000 Included in the Commissioners' packets was a memo from Animal Control Officer Lien, dated April 1 7, forwarding her findings and a recommendation. Animal Control Officer Lien stated this application is for one dog and three cats. There is no fenced yard, and she has received no complaints. She recommends approval. No public testimony was received. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the application for Kennel License submitted by Donald Burton for Calendar Year 2000 be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. Acclication for Kennel License - Twyla Sally, 1307 Cherry Drive - Calendar Year 2000 Included in the Commissioners' packets was a memo from Animal Control Officer Lien, dated . April 17, forwarding her findings and a recommendation. 06-05-2000 - 10- Animal Control Officer Lien noted this application is for three dogs. There is a fenced yard, and . she is satisfied with the care taking of these animals. There have been no complaints. There was no public testimony received. Officer Lien recommends approval. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the application for Kennel License submitted by Twyla Sally for Calendar Year 2000 be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. Acclication for Kennel License - Denise Fett. 433 North 10th Avenue - Calendar Year 2000 Included in the Commissioners' packets was a memo from Animal Control Officer Lien, dated April 17, forwarding her findings and a recommendation. Animal Control Officer Lien reviewed this application stating there are three dogs who are kept in a fenced yard and are well kept. Approval is recommended, and there, again, was no public testimony. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the application for Kennel License submitted by Denise Fett for Calendar Year 2000 be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Application for Kennel license - Elizabeth Scherr , 126 East Peach Street - Calendar Year 2000 . Included in the Commissioners' packets was a memo from Animal Control Officer Lien, dated April 17, forwarding her findings and a recommendation. Animal Control Officer Lien noted the applicants are unhappy with this process and the recent change in law. There have been no complaints, and she recommends approval of this application for four cats. One letter of support was received and included in the Commissioner's packets. Commissioner Brown inquired about the requirement for a kennel license when individuals are taking in animals for the Humane Society as foster families, such as these applicants and Robert Oakberg. Ms. Lien replied these cat owners are unhappy because this is a new ordinance, one requiring a kennel license for more than two cats. She added none of these applications were required because they are foster homes for the Humane Society. Commissioner Brown replied the Oakbergs are, and he thinks the Commission needs to be more aware of this. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the application for Kennel License submitted by Elizabeth Scherr for Calendar Year 2000 be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Application for Kennel license - Doualas Clinaner. 217 South Tracy Avenue - Calendar Year 2000 . Included in the Commissioners' packets was a memo from Animal Control Officer Lien, dated April 17, forwarding her findings and a recommendation. 06-05-2000 ----.. - 11 - Animal Control Officer Lien reviewed this application for three dogs and two cats. There is a . fenced yard, and that fence has been repaired. There have been no complaints, and no public testimony has been received; therefore, Ms. Lien recommends approval. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the application for Kennel license submitted by Douglas Clingner for Calendar Year 2000 be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. ADDlication for Kennel License. Glenn Barrett. 407 West Dickerson Street. Calendar Year 2000 Included in the Commissioners' packets was a memo from Animal Control Officer Lien. dated April 17, forwarding her findings and a recommendation. Animal Control Officer Lien stated that, unlike the other applications, this one arrived via complaints. She has received complaints about the dogs being in the front yard, and one is rather protective. Her recommendation is for approval providing they put in a fence, as approved by the City, no later than September 1,2000. If not, this application will need to be revisited. Commissioner Brown asked if this condition is in writing. Ms. Lien replied, "No." Staff Attorney Cooper noted the conditions of approval are listed at the bottom of the application, just above the applicant's signature line. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the application for Kennel License submitted by Glenn Barrett for Calendar Year 2000 be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner . Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. ADDointment of members to Downtown Bozeman Business ImDrovement District Board Included in the Commissioners' packets was a letter from the Downtown Bozeman Improvement District Board (lOB), dated May 18, forwarding their recommendations for appointments to the Downtown Business Improvement District, along with the applications. Assistant City Manager Brey said his recommendation would be to go ahead with the appointments of these individuals, while requiring them to draw up by-laws which would stagger these terms. Commissioner Brown asked if there is anticipation the Parking Commission will continue. Assistant City Manager Brey replied that is up to the Commission. There are enough applications now to support that Commission. Those applications will come before the Commission in the next week or two. It was moved by Commissioner Brown, seconded by Commissioner Frost, to approve the recommended appointees to the Downtown Business Improvement District; those being Mary Jane DiSanti, Bert Hopeman, Chris Pope, Steve Schnee, and Sarah Young. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman. Those voting No, none. ADDointment of Commissioner to Gallatin DeveloDment COrDoration's Business Retention Committee . Commissioner Brown indicated he is willing to serve on this Committee, and Mayor Youngman 06-05-2000 - 12 - stated her willingness to be the alternate. . It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commissioner Brown be appointed to the Gallatin Development Corporation's Business Retention Committee, with Mayor Youngman serving as the alternate. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter of support from Ludlow Express International to Bill Gates, President of Microsoft, dated May 2G. (2) Copy of a letter from the Montana Department of Commerce, dated May 2000, announcing that the draft Annual Performance Report is available upon request. (3) Press release from SkyWest Airlines announcing a new seasonal flight schedule between Bozeman and Salt Lake City, effective June 1. (4) Letter from Betty Stroock, 1350 Story Mill Road, dated May 2G, forwarding her comments on the landfill issue. . (5) Copy of a notice that the comment period on future landfill operations has been extended to June 30, 2000. (G) Copy of the article entitled Come one! Come all!, published in the May 2000 edition of American City and County, submitted by Mayor Youngman. (7) Copy of the article entitled Tips for winning the recycling race, published in the May 2000 edition of American City and County, submitted by Mayor Youngman. (8) Memo from Assistant City Manager Ron Brey, dated June 1, forwarding public comment regarding the Montana State University residential parking district. (9) Minutes from the Board of Health meetings held on February 24, March 23 and April 27, the retreat held on March 28, and the budget sub-committee meeting held on April 21, 2000. (10) Minutes from the Cemetery Board meeting held on February 17, 2000. (11 ) Minutes from the Montana Transportation Commission meeting held on March 16,2000. ( 12) Agenda for the Cemetery Board meeting to be held at 2:00 pm on Thursday, June 8, in the Conference Room. . (13) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, June G, at the Courthouse. 06-05-2000 _ ___ .. __m_._ ,,__ - 13 - (14) Agenda for the Development Review Committee meeting to be held at 10:00 am on . Tuesday, June 6, in the Commission Room. ( 15) Agendas for the City Planning Board meeting to be held at 7:00 pm and the Zoning Commission meeting to be held at 7:30 pm on Tuesday, June 6, in the Commission Room. ( 16) Copy of map of northwestern-most part of the community as requested by Commissioner Smiley. City Manager Johnson offered the following FYI items: (1) The Commission needs to make a decision regarding Bae Area Economics' latest proposal; it should have been received late last week. The Letter of Engagement has a couple of items in it that will not be acceptable to WalMart. The Letter says a $10,000 retainer has to be paid up front; and WalMart has to take the entire $36,000 and transfer it to the City of Bozeman to hold the money. This is not the way business is typically conducted; "we write the check when you provide the product". Mr. Sabol would like to have another discussion with the Commission so everyone is on the same page when he talks to Bae Area Economics again. Mayor Youngman questioned the need to meet again; rather she suggested the Commissioners could just say they agree with Mr. Sabol that it is an unreasonable request. All Commissioners agreed to do that rather than holding another meeting. City Manager Johnson mentioned another sticking point for WalMart is the price. Mayor Youngman noted the Commission has agreed to go down $17,500 by reducing some of the services. City Manager Johnson said Mr. Sabol wants to know if it is okay for him to negotiate a further price reduction. Commissioner Brown said, "No, that will reduce the scope of the study." Mayor Youngman . agreed it is not acceptable for Mr. Sabol to cut anything else out of the study. All Commissioners concurred. Commissioner Brown noted that without adequate data, Bae Area Economics cannot draw the adequate conclusions. He stated he has gone as far as he is willing to go. Anything the Commission needs for making the WalMart decision, Bae Area Economics needs to include and WalMart needs to pay for. All Commissioners agreed it was okay for Mr. Sabol to talk to Bae Area Economics about reducing the price, as long as it did not reduce the scope of the study. (2) MEGA stuff has gone to a private consulting firm who is putting together a package of preliminary bids. The meeting will be held in Helena on June 15th; bids are due the 20th of June. Commissioner Brown asked if City Manager Johnson knows how many bidders there will be or the names of any specific bidders. City Manager Johnson replied he didn't; that is pretty protected information. Mayor Youngman stated the Commission didn't formally vote to authorize the $50,000 expenditure. Does the City Manager need them to do that? City Manager Johnson answered no, he doesn't need a formal authorization. The Commission appropriated the money for this expenditure in this fiscal year, and that allows him to use his authority to expend that money on no particular line item. He only needs Commission authorization to exceed the appropriated amount. Mayor Youngman noted it is a question of public record, and it seems better to have it in the public record. City Manager Johnson responded there is no reason it should be included. That money will take them through the . second step of this process. Phase 1 assumed an assessment of $.10 per head or $3,600 for Phase 1; $1.00 per head is the assessment for Phase 2, which includes engineering costs. 06-05-2000 - 14 - Assistant City Manager Brey submitted the following FYI item: (1) The good project work going . on is doing terrible things from an ADA standpoint. He is getting lots of calls and letters. The City will be doing ADA remediation immediately. Commissioner Frost detailed the following FYI items: (1) Friday night's charette was good; approximately 50 to 75 people turned out, and everybody stayed later than was originally thought. On Saturday he saw James Kunstler, who was fantastic; he provided good information and advice, was humorous, and presented some good ideas. Commissioner Frost spoke to him afterwards; and Mr. Kuntsler said the City should never approve subdivisions, rather they have to approve neighborhood zoning in order to build a real community. Green space and local elementary schools are necessities. Bozeman's Conservation Overlay District, without planning it on purpose, has everything within walking distance; and that is the way new urbanism is designing because that is what makes communities, towns, and cities. That is on Commissioner Frost's list for the master plan, and that goal has now been supported. This is going to make him more consistent with what he expects for this city. On Sunday he looked at the work the professionals did on the charette; they added some additional things. It is very clear and interesting what people there felt was important for the City. They supported almost everything the City has done so far. Obviously it is important to the people that we keep building communities. The Commissioners need a presentation showing both the results and the overlays; this whole process was great. Mayor Youngman then asked if the Commissioners would like to add that to a work session agenda. All Commissioners agreed. City Manager Johnson asked how far out they would like to schedule this. Commissioner Frost indicated there is no rush; the best way to present this would be on slides, projected up on the big screen. Commissioner Frost noted the results will be given to the . Planning Board through the Planning staff. Commissioner Brown added there were a lot of professionals in attendance; developers as well as county residents, a good diverse group. All Commissioners agreed to have it put on whichever agenda it will work into. Assistant City Manager Brey asked if there was no media coverage on that event, to which Commissioner Frost answered PBS filmed it, but there was no local newspaper coverage. During his FYI Commissioner Brown added he also was very impressed with the charette. At the lecture, Mr. Kunstler said the City has done things wrong since 1945; on Main Street the buildings should be more than two stories high, they should have vertical windows, and the buildings should come out to the street. Commissioner Frost added Mr. Kunstler had some "very nasty things to say about this (City Hall) building". Mayor Youngman said she doesn't believe he completely understands the west from his comments on open space when there are mountains 1 0 minutes away. He misses the concept of why it is important to save open space close to town. Commissioner Frost noted Mr. Kunstler also objected to using the term "open space". If the City wants a park, it needs to be called a park; if they want a playground, call it a playground. Mayor Youngman submitted the following FYI items, noting this has been a stimulating week. There was a great variety of great programs held this week. Trails Day was fun; Mayor Youngman worked on the East Gallatin Trail. There was a good sense of community. Commissioner Smiley again suggested the Clerk of the Commission's office switch to 8.5 X 11- inch paper versus the 8.5 x 14-inch paper currently used. She advocated getting everything on letter- . sized paper so people can easily download the documents. Mayor Youngman asked if she was requesting all deeds, everything to be switched to the smaller paper. Staff Attorney Cooper responded 06-05-2000 - 15 - the Court has said they will not accept anything on legal-sized paper; documents have been required to . be on letter-sized paper for more than a decade. Mayor Youngman questioned the Commissioners to determine if they wanted to provide that direction to the Clerk of the Commission. All agreed to do so, to take effect immediately. Commissioner Smiley said she wanted the current book order for 8.5 x 14- inch books to be canceled; and all agendas, minutes, resolutions, and ordinances should now appear on letter-sized paper, portrait style. Commissioner Brown stated he was the one who requested agenda item 1 6 I be pulled from the consent agenda. If there is a real need to have a meeting on June 26th, Commissioner Smiley will probably be able to attend that meeting. Mayor Youngman replied that is a work session, and there will still be two Commissioners absent. Commissioner Kirchhoff noted that, although he stated he would return on July 5th, he now believes he will be gone on July 6th as well. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3363 - revised rules of procedure for the conduct of City Commission business COMMISSION RESOLUTION NO. 3363 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE RULES OF PROCEDURE FOR THE CONDUCT OF CITY COMMISSION BUSINESS. . Authorize City Manaaer to sian - Annexation Aareement with State of Montana Department of Natural Resources and Conservation - 32.894 acres situated in the W"h, Section 36, T1 S, R5E, MPM (bounded bv 1-90, Baxter Lane and Gardner Simmental Plaza) Commission Resolution No. 3364 - annexina 32.894 acres situated in the W"h, Section 36, T1S, R5E, MPM (bounded bv 1-90. Baxter Lane and Gardner Simmental Plaza) COMMISSION RESOLUTION NO. 3364 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Authorize City Manaaer to sian - Professional Services Aareement with MSE-HKM, Inc., Bozeman. Montana - Lvman Creek Reservoir Rehabilitation Authorize City Manaaer to sian - Release and Reconvevance of Easement to SBA . Partnership of Bozeman - 60-foot-wide easement alona east line of Lot 2, Minor Subdivision No. 135 (for temporary access to the Bozeman Ponds) 06-05-2000 - 16 - Ratify City Manaaer's sianature . Montana State University Standard Research . Aareement - A Preliminary Investiaation of the Mission Canyon Formation of the Madison Group for a drinkina water supply in Bozeman Ratify Mayor's sianature on Aareement for CTEP Proiect STPE 1299(S) . between City and Montana Department of Transportation (historic liahtina in downtown) Ratify Mayor's sianature on Maintenance Aareement for CTEP Proiect STPE1299(S) - between City and Montana Department of Transportation (historic liahtina in downtown) Ratifv Citv Manaaer's reappointment of Jim Drummond to the Police Commission. with a term to expire on Amil 30. 2003 Commission Resolution No. 3365 - intent to vacate portion of North Ida Avenue riaht-of-way extending north from East Main Street and alley riaht-of-way extendina westward from North Broadway Ayenue: set public hearina for July 17.2000 COMMISSION RESOLUTION NO. 3365 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO V ACA TE AND ABANDON THE STREET RIGHT ~OF-W A Y FOR NORTH IDA AVENUE LYING BETWEEN THE NORTH RIGHT-OF- . WA Y LINE OF EAST MAIN STREET AND THE SOUTH RIGHT .OF.WA Y LINE OF THE EAST/WEST ALLEY BETWEEN EAST MAIN STREET AND EAST MENDENHALL STREET AND THE DEAD END EAST/WEST ALLEY RIGHT-OF-WAY EXTENDING WESTWARD FROM THE WEST RIGHT-OF. WAY LINE OF NORTH BROADWAY AVENUE BETWEEN TRACT 3A. BLOCK 12. AND LOT 7A. BLOCK 31. NORTHERN PACIFIC ADDITION. IN THE CITY OF BOZEMAN. MONT ANA. Cancellation of reaular Commission meetinas to be held on June 26 and July 3; schedule special meetina for July 6. 2000 Acknowledae receipt of application for annexation from the City of Bozeman - 200 acres located in the SE~ and that portion of the SW~ Iyina east of the County road in Section 30. T1 S. R6E. MPM (landfill. 2143 Story Mill Road): refer to staff Authorize City Manaaer to sian ~ Public Street and Utility Easement - R & D Holdina - 60-foot-wide strip across Tract 1. COS No. 1S46 (for Fallon Street extendina eastward from Cottonwood Road) Authorize Mayor to sian - Findinas of Fact and Order - J.e. Billion Amended . Minor Subdiyision (allow relocation of 1.149 acres of open space on Lot 1 to be combined with existina open space to the north) (northwest corner of intersection 06-05-2000 --------- - 17 - of US Hiahwav 191 and Cottonwood Road) (P-0013) . Authorize Mavor to sian - Findinas of Fact and Order - Sundance Sprinas Southeast Maior Subdivision (subdivide 14.97 acres into 10 lots for residential development. 1 lot for open space. 1 lot for ODen sDace/Dark. and subseauent modification of an aDProved zoning PUD) (northeast corner of Goldenstein Lane and Mornina Sun Drive) (P-0011) Authorize Mavor to sign - Findinas of Fact and Order - Gillespie Minor Subdivision (subdivide 0.4479 acres into three residential lots) (southwest corner of East Davis Street and North Plum Avenue) (P-0009) Exemption from subdivision review - Cascade Enterprises. LLC - aaareaation of Lots SA. 6A and 7 A within Amended Subdivision Plat of Lots 2A. 5. 6 and 7. Block 5. Corcoran's Rearranaement of Blocks 3. 4. 5 and 6 of the Werre Rearranaement of West Side Addition into new Lots 5A-1 and 6A-1 (along east side of South 15th between West Koch and West Curtiss) (E-0005) Claims It was moved by Commissioner Smiley. seconded by Commissioner Kirchhoff, that the Commission approve the Consent Items as listed and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff. Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No. none. . Ordinance No. 1519 - amendina the zonina designation from "AS" to "M-1" on 18.906 acres located in the SW%. Section 36. T1S. R5E. MPM (lvina north of Baxter Lane and bounded bv 1-90 and Gardner Simmental Plaza) Included in the Commissioners' packets was a copy of Ordinance NO.1 519. as approved by the City Attorney, entitled: ORDINANCE NO. 1519 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONT ANA. AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "AS" (AGRICULTURE SUBURBAN DISTRICT) TO "M-1" (LIGHT MANUFACTURING DISTRICT) ON 18.906 ACRES LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P,M,M., GALLATIN COUNTY. MONTANA. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Ordinance No. 1 519. amending the zoning designation on 18.906 acres lying north of Baxter Lane and bounded by 1-90 and Gardner Simmental Plaza from "AS". Agricultural Suburban to "M-l ". Light Manufacturing, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried . by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown. Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No. none, 06-05-2000 - 18 - Recess - 5: 16 pm . Mayor Youngman declared a recess at 5: 16 pm, to reconvene at 7:00 pm, for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 pm Mayor Youngman reconvened the meeting at 7:00 pm, for the purpose of conducting the scheduled public hearings. Public hearina - Citv Manaaer's Budaet Recommendations for Fiscal Year 2000-2001 This was the time and place set for the public hearing on the City Manager's Budget Recommendations for Fiscal Year 2000-2001. Mayor Youngman opened the public hearing. Dean Ulrich, manager of Waste Management/SFI, of 3220 Summer Cutoff, passed out to the Commissioners two packets of information, which supported and provided documentation for the two budget items with which he took exception. The first issue was the solid waste collection budget, specifically the operating expenses of $317,803. Mr. Ulrich went on to explain his disagreement with this line item, more precisely, he does not see any expenses allocated for the cost of disposal; and "that is a big thing to be missing in a budget". He believes there is a "pretty substantial short fall here", and he reminded the Commissioners that Commissioner Frost previously said the City needs to be operated as a business. . Regarding the item relating to the roll-off truck purchase, Mr. Ulrich wanted to ensure the operating costs for that truck were budgeted in as well as the purchase cost. He stated his firm is willing to contract with the City for its roll-off services. Compost collection costs should be included in the collection budget, not in the landfill budget, according to Mr. Ulrich. He also pointed to the capital expenditure request of $7,500 for the purchase of a pressure washer to wash City trucks. If the City purchases a pressure washer, Mr. Ulrich would like to be notified so he can work something out with the City for him to clean his trucks as well. Mr. Ulrich noted landfill revenues are way in excess of costs from last year and those projected for next year. He stated he would like to remind the Commissioners that Montana Code 75-10-1 02(c) states "private industry is to be utilized to the maximum extent possible in planning, designing, managing, constructing, operating, manufacturing, and marketing functions related to solid waste management systems". Streets/Sanitation Superintendent Sicz responded to the questions regarding collection costs and the purchase of a pressure washer. He also noted there is no detailed expense account for the roll-off truck; it is going to be used at the landfill for moving roll-offs at the site and hauling glass and compost to other sites. Public Service Director Arkell responded to those same questions as well, adding the City can . look at giving Mr. Ulrich a bid to wash his trucks at the landfill, if the pressure washer is purchased, if he would like, 06-05-2000 --.---..--- . -..- -- ---.-.....--- - 19 - Administrative Services Director Gamradt stated the City operates its solid waste program as . one fund within the City's fund structure; both the collection revenues and solid waste disposal revenues. Costs go into and come out of the same fund. He said he isn't aware of any cities who separate those functions. Charges within a fund are not permitted by governmental accounting rules. Mr. Gamradt continued, saying the current rate structure for collection services was developed by the previous Public Service Director, and that rate structure has a component of disposal costs included. Those rates have increased with inflation. The City must have funds available in the event the current landfill site closes and a new site is opened. Mr. Ulrich responded he disagrees with the figures; and he is not trying to change the City's accounting procedures, just point out things in the budget that need to be addressed, particularly after last week's meeting when City officials stated services may need to be reduced. Michael Dean, 217 West Koch Street, noted there is a substantial amount allocated for planning. He feels it is essential to allocate those monies. This is the time in Bozeman's history when planning is absolutely essential. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Mayor Youngman asked if the roll-off truck is left budgeted as it is, is there opportunity to discuss the alternatives? City Manager Johnson responded the City doesn't make its capital purchases of that size until after November. He reminded the Commissioners they are going to hear a lot of additional testimony about solid waste at that work session; from the county, Dean Ulrich, concerned residents, and from a landfill company out of Great Falls that has contacted him about transferring solid waste to their landfill. . Commissioner Frost brought up the two temporary Planning members, stating they need to be kept on full time through the master plan and zoning ordinance revisions. If not, the Planning Department is going to get sidetracked and those revisions will not get done in a timely manner. He stated his preference to have those temporary planners funded until those jobs are completed. City Manager Johnson reminded Commissioner Frost they are budgeted through February and asked if he thought it will take longer than that. Commissioner Frost answered, "Yes, I do." Planning Director Epple noted the planners are still on schedule to complete the 2020 master plan project by January; and immediately thereafter he anticipates the Commission is going to direct Planning staff to make changes to the zone code and subdivision regulations, which will take them through at least the fiscal year. City Manager Johnson told the Commissioners if they want the temporary planners to stay on longer, those funds can be put back into the budget. Commissioner Kirchhoff noted this isn't the first time he has heard Commissioner Frost speak on this issue, and he believes extending the temporary planners' assignments are well worth the money. Positions from the Planning area have already been cut; they have been pared down to the bone. This is a stop-gap measure to be sure, but it is an important one for the City right now. Commissioner Brown reminded the other Commissioners that they had mentioned the possibility of having the Planning Department conduct those portions of the impact study that WalMart didn't feel they should fund. Commissioner Smiley acknowledged the need for the staff; but she expressed concern that a lot of things are needed, so she is uncertain. Mayor Youngman agreed she is also torn; but since these are current positions and it was Commission direction to complete the 2020 master plan, she would like to have it completed in a few months rather than a . few years. Once the Commission has adopted the new master plan, City code won't be consistent with it; and that needs to be revised quickly and efficiently so it can be used. Commissioner Smiley agreed 06-05-2000 - 20 - with the Mayor, but again expressed concern where the money is going to come from. Commissioner . Frost stated it is going to have to come from reserves; this budget has been cut as much as it possibly can. The City is never going to have enough money to do what it wants to do, but things that need to be done just have to be done. Mayor Youngman asked Administrative Services Director Gamradt if the reserves can cover these additional expenses for the rest of the year. Mr. Gamradt replied it is okay to draw down the reserves; they go up and down, and that is okay. When the reserves are drawn down, however, it is important to be able to point to a one-time expense rather than a long-term draw. Mayor Youngman noted the Commission has given some direction on water conservation, but they did not identify a figure. The figure they previously received from an outside source was somewhere near $50,000 to get the City ready to adopt a program. She reminded the Commissioners Administrative Services Director Gamradt said the water fund can accommodate this expense without requiring a rate increase. Commissioner Smiley asked what this money will be spent on. Mayor Youngman answered a water conservation plan, rate restructuring, rebates for conservation; and looking at alternatives and the pros and cons to those alternatives. The rate structure will need to include conservation as part of the mix and ways to make conservation more appealing. A consultant will be hired to draw up the strategic plan and to put together the details. The City would set the standards for what it wanted the consultant to do and define what the scope would be. This would give the City the capacity to do that this year. Commissioner Smiley added she believes there are a number of people who are moving to Bozeman who don't realize what high desert life is like, and they need to be educated about that. Mayor Youngman suggested education regarding drought~resistant plantings could be one of the options. . Commissioner Brown asked since the library elected not to fund the self-check system for another year and instead opted to use the $30,000 allocated in the Capital Improvement Program for other projects, are they out of the loop for that project? Administrative Services Director Gamradt stated they would have to request the self-check system again, and that would come around in five years. Commissioner Smiley mentioned a reservation she has with hiring consultants. She wants the Commission to make sure they get something substantial out of the water conservation report, so they are not just paying someone's salary for another year. Mayor Youngman replied they can set the parameters for what they want and can put in all the safety checks. The Commission needs concrete language and figures from them, not just another study. Mayor Youngman offered the library budget point that concerns her is keeping someone aboard to keep the computers and other technology running. Maybe there needs to be a discussion regarding technology needs in general. It is more cost effective to have someone in house rather than contracting out. She asked Administrative Services Director Gamradt if they can discuss this possibility if the mills come in better than projected. Mr. Gamradt responded, "Yes, we can discuss that after the mills come in if you choose to." Commissioner Kirchhoff added it is a difficult position to be in when the City can afford to purchase things, but cannot afford to operate and maintain what is purchased. One message that needs to get out to the public is the City is operating under a very tight budget here. City Manager Johnson stated the library district currently exempts City residents. Is it possible to no longer exempt City residents, and can that entire fund be dedicated to the library? Staff Attorney Cooper replied he . doesn't know the answer without researching it. Mayor Youngman noted City residents didn't vote on it. so she would assume that would have to come before the voters again. She suggested that since 06-05-2000 --------.-. - 21 - Commissioner Kirchhoff is liaison to the Library Board, perhaps he could investigate this further. . Commissioner Frost voiced his concern about the taxpayers paying for the library twice because it is included in their taxes right now. He also asked to have figures brought together to find out exactly how far the City is declining. The Commission needs better numbers so the residents can see what is going to happen to their services if these numbers continue. It was moved by Commissioner Brown, seconded by Commissioner Frost, to adopt the City Manager's budget recommendation for 2000 - 2001 including the following amendments: add $25,000 for traffic bulbs and $65,000 for future traffic calming on North 20th Avenue; funding for the two temporary planners until July, 2000; and designate $50,000 to be spent on water conservation. Break - 7:50 pm Mayor Youngman declared a break from 7:50 pm until 7:55 pm in accordance with Commission policy. Continued public hearina - variances from Sections 18.50.120.K" 18.50.1 00.D.5.(A} and 18.50.1 20.B., Bozeman Municipal Code, to allow continued non-conformina site conditions on Lots 1 throuah 14, Block 3, Durston's Second Addition, includina parkina which encroaches 25 feet into the reauired 25- foot front yard setback, without screenina from the public street, and to waive the reauirement for perimeter curbina alona the north side of the property - Connie Hochhalter for Dariaold (Z-0030) . This was the time and place set for the continued public hearing on the Variances from Sections 18.50.120.K., 18.50.1 00.D.5.(A), and 18.50.120.B., Bozeman Municipal Code, as requested by Connie Hochhalter for Darigold under Application No. Z-0030, to allow the continued non-conforming site conditions on Lots 1 through 14, Block 3, Durston's Second Addition, including parking which encroaches 25 feet into the required 25-foot front yard setback, without screening from the public street, and to waive the requirement for perimeter curbing along the north side of the property. Mayor Youngman reopened the continued public hearing. Temporary Planner Morris presented the staff report and reviewed the request for the Conditional Use Permit. She noted the Design Review Board voted in favor of Darigold's new proposal for a 4.5- foot grass boulevard, 5-foot sidewalk, and 8-foot wide landscape strip at their May 23, 2000 meeting. Ms. Morris noted both Mr. Brown, legal counsel for Darigold, and Mr. Duffy, plant manager, are here to answer questions. Darigold has worked out acceptable solutions to the requested variances; and all variances have now been resolved except for one, the one regarding curbing. Planning Director Epple provided clarification regarding the curbing issue, stating code actually allows for alternatives to 6-inch high perimeter curbing. Planning's view is to refer to the code, saying curbing will be provided in accordance with the code. Director of Public Service Arkell has the ability to make exceptions to that without a variance. The Commission would deny the variance, saying they need to comply with the code. Then one of those alternatives in the code should be able to work for Darigold. Commissioner Frost asked Temporary Planner Morris if the distance between trees in the . landscaping strip is 50 feet. Ms. Morris replied she shows they are 36 feet on center. Commissioner Frost continued, saying he is assuming the Design Review Board accepted the Patmore Green Ash trees, 06-05-2000 --.----- . -.--..--- - 22 - even though the City is trying to get away from them. He noted these trees need to be moved closer . to the sidewalk because the purpose of the trees is to shade the sidewalk, not the grass. Commissioner Frost also stated he would prefer to have some color in this landscaping rather than the junipers. Planning Director Epple replied these are part of a combination of various plantings. Commissioner Kirchhoff then asked if dogwoods and junipers are required. Mr. Epple answered that what is required are groupings of combinations of trees and shrubs to meet the screening requirements as required by code. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Staff Attorney Cooper reminded the Commissioners that in addition to whatever conditions they choose to incorporate, this item is conditional to the Conditional Use Permit they are to vote on next. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the requested variance from Section 18.50.120.K, to allow parking to encroach 25 feet into the required 25-foot front yard setback on North 7th Avenue; partially approve the variance from Section 18.50.1 00.D.5, to allow a 17 .5-foot wide landscape strip along the North 7th Avenue frontage to screen the parking area; and deny the variance from Section 18.50.120.B, to waive the requirement for perimeter curbing along the north side of the property. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Continued Dublic hearina . Conditional Use Permit and Certificate of ADDroDriateness - allow addition of . aDDroximatelv 1 ,300 sauare feet and two 55-foot milk silos on Lots 1 throuah 14, Block 3, Durston's Second Addition - Connie Hochhalter for Dariaold (1001 North 7th Avenue) (Z-0030) This was the time and place set for the continued public hearing on the Conditional Use Permit and Certificate of Appropriateness, as requested by Connie Hochhalter for Darigold under Application No. 2-0030, to allow an addition of approximately 1,300 square feet and two 55-foot milk silos on Lots 1 through 14, Block 3, Durston's Second Addition. The subject property is more commonly known as 1001 North 7th Avenue. Mayor Youngman reopened the continued public hearing. Temporary Planner Morris reviewed this application and the revised Conditions of Approval. Planning staff supports the application based on the conditions of approval and code provisions listed. Mr. Brown stated Darigold is in agreement with all conditions except for the silo enclosure. The point is, if the silos are enclosed all the way around, they will be required to put a roof on the enclosures up to the silos because of the garbage which will be blown in. This will also increase the possibility of rust from rainwater runoff and is impractical from Darigold's point of view. Darigold opposes this condition as it is written. Mr. Brown said Darigold has questions about condition no. 8, regarding the lighting of the parking lot and condition no. 9, about the tree island. Everything else is acceptable to them. Temporary Planner Morris stated the area around the tree is 8 foot by 8 foot, the standard . peninsula-type island. Commissioner Frost added the lighting has to be shielded so light reflects downward. The City is concerned about parking lot lighting and its effect on the neighborhood. 06-05-2000 - ____ .___".__n_____. _._.n. ._._n_.___ - 23 - Commissioner Smiley wanted to discuss condition no. 2, enclosing the base of the silos. She . doesn't see any point to doing that at all, and she still doesn't understand why anyone would want to cover up the silos. There is so little left of Montana's history, and those silos are Montana. Commissioner Frost agreed he has no problem with the silos not being enclosed. All Commissioners agreed to delete condition no. 2. Commissioner Brown stated he likes the idea that the sidewalks are back where they should be on North 7th Avenue; but unfortunately, they don't connect to the pocket park. Planning Director Epple responded Planning staff is working to realign those sidewalks all the way through the property, including Sacajawea Park. Commissioner Frost reminded staff the trees need to be moved closer to the sidewalk. Mr. Brown said part of the reason some of those lights aren't shielded is because they load trucks at any time of the day or night, and they need to be able to see. That is mostly on the south side of the building, and there are no neighbors on that side. Those lights were put out there to help Darigold run their business. Commissioner Frost responded then you want the lights to shine down on the sidewalk and into the parking lot. Right now they are shining right in people's eyes. Commissioner Smiley added this policy was instituted because of the light pollution at night. Planning Director Epple offered staff can work this out with Darigold; there are products available that will accomplish their needs without creating a glare problem for people. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to approve CUP . Z0030, subject to the following conditions: 1. Per Section 18.50.100.D.5.A "Parking Lot Screening Required", the applicant shall plant the grass island between North 7th Avenue and the north parking lot with coniferous trees such as Spruce. Prior to final site plan approval, the Applicant shall provide the Planning Department with landscape details depicted on the site plan. The plan shall delineate the planting scheme and a plant material list and shall be subject to review and approval of the Planning Department. 2. The applicant shall provide a color scheme for the proposed addition and silos prior to final site plan approval, subject to review and approval of the Planning Department. 3. The applicant shall provide a planting scheme for the grass area on the west side of the site for the "Screening of Off-Street Loading", Section 18.50.100.D.S.d. The planting scheme shall be an extension of the existing plantings on the northwest corner of the property and extend at least 240 feet. The final site plan shall describe the planting scheme and provide a plant materials list for the review and approval of the Planning Department. 4. Staff recommends a partial variance, in conjunction with this project, from . the required 25-foot front yard along North 7th Avenue between the road and the east side parking lot as long as the applicant complies with the 06-05-2000 - - - - ---------.-.-- ----- --~- - -.--.---. - .-.------ _..n __.___ __.__.__ - 24 - intent of North 7th Entryway Corridor Plan and the Bozeman Area Code . and provides a 19.5-foot landscape strip including: 1) a 4.5-foot-wide sodded area within the public right of way, directly behind the curb; 2) a 5-foot-wide sidewalk; and 3) a 10-foot-wide landscape area with the mandatory landscape groupings in addition to the required street frontage trees. The applicant shall install approved street frontage trees in the landscape area which shall be from those listed in the Bozeman Municipal Code Section 18.50.120 and shall be planted every 50 linear feet. These improvements must be depicted on the final site plan submittal and are subject to review by the Planning Department prior to approval. 5. The applicant shall grant a 5.5-foot public access easement adjacent to the public right of way which includes the required sidewalk, prior to final site plan approval. 6. The final site plan shall accurately depict the site dimensions. Specifically, the property line running east to west, south of Sacajawea Park and show the 4.5-foot right of way long North 7th Avenue. 7. Final Site Plan shall show the location for, and a detail of, existing and any newly proposed lighting. All lighting shall be brought into compliance and be arranged so as to deflect light down and/or away from any adjoining properties and so as not to detract from driver visibility on adjacent streets. Luminaries and lenses shall not protrude below the edge of the . light fixture per Section 18.50.035.A.1. 8. The minimum width and length of the landscape island protecting the Green Ash trees, within the parking lot adjacent to North 7th Avenue, shall be 8 feet per Section 18.50.1 00.D.5.c.ii.(E).(3). This shall be depicted on the final site plan and subject to review prior to final approval. 9. Any floor drains proposed for the building interior shall be shown on the final site plan. Floor drains located in a vehicle accessible area shall be provided with a grit/oil separator approved by the City Engineer. A detail for the grit/oil separator and discharge piping shall be provided with the final site plan. Due to the difficulty and expense in providing proper maintenance and disposal of waste associated with a separator, we encourage the applicant to strongly consider not installing any floor drains and operating as a "dry shop". 10. The existing storm water facilities, water and sewer mains, and existing utility easements on the site must be correctly depicted on the final site plan. 11. Typical curb details (i.e. raised and/or drop curbs) and typical . asphalt paving section detail shall be provided and approved by the City Engineer. Per section 18.50.120 of the Bozeman Municipal Code, concrete curbing shall be provided around all parking lot 06-05-2000 ______...__ __u_____. _ ____n __.____n_ - - ------~------- -----------------.- - - 25 - perimeters. Curbing shall be adequately identified on the final site . plan. Staff is not recommending a variance from this code requirement. 12. The final site plan shall show the silos relocated at a minimum of 2 feet from the sanitary sewer main. 13. The applicant must submit a final site plan within 90 days of a preliminary approval. Per Section 18.62.090, "Building Permits and Installation of Improvements," an Improvements Agreement must be signed by the applicant/owner prior to final site plan approval. If occupancy of any portion of the new addition is to occur prior to completion of all required improvements, the Improvements Agreement must be financially guaranteed through a letter of credit at 1 Y..r times the estimated cost of improvements. In any event, all required improvements will be installed within 9 months of occupancy, unless the City Commission grants a variance to the time limit. 14. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. 15. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his . successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval, or commencement of the use. 16. All of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 17. All of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. 18. The configuration of the off*street parking shall comply with the requirements of Section 18.50.120.B "Stall and Driveway Design" that requires a minimum parking space width of 9 feet and a length of 18 feet if measured from a curb and 20 feet if measured from a painted line. Disabled accessible spaces shall be a minimum of 13 feet wide by 18 feet long. The aisle width must be a minimum of 26 feet. 19. The parking shall be in compliance with Section 18.50.120.F.3 . "Disabled Accessible Parking Spaces" which requires all accessible spaces to be designated as reserved for the disabled 06-05-2000 - 26 - with a sign showing the symbol of accessibility at each space. . Signs and symbols painted on the pavement do not meet this requirement. A raised sign shall be located at a distance no greater than 5 feet from the front of each accessible space and shall be subject to review and approval by the Planning Department. One of the accessible spaces shall be designated "Van Accessible" and have an 8-foot-wide unloading aisle. 20. The final site plan shall be in compliance with ADA requirements and provide a smooth, unencumbered accessible path of travel from the disabled parking spaces to the building. Any extensions of the existing ramp must not exceed a slope of 1 foot rise for every 12 feet of run and are subject to review and approval by the Planning Department. 21. Landscaping must comply with the mandatory landscaping requirements of Section 18.50.100 unless a deviation is approved. The existing landscaping fulfills the 23 point minimum for a B~2 district with 28 points. However, the final landscape plan must also: a. show how permanent irrigation of the lot will occur per Section 18.50.1 00.D.5 "Irrigation Standards"; . b. show no parking space may be located more than 90 feet from the trunk of a tree per Section 18.50.1 00.D.5 "Mandatory Landscaping Provisions" and c. be prepared and certified by a registered Montana landscape architect, an individual with a degree in landscape design and 2 years of professional design experience, or an individual with a degree in a related field and at least 5 years of professional design experience per Section 18.50.1 00.D.3.c. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff. Commissioner Brown, Commissioner Frost, and Mayor Youngman. Those voting No, none. Public hearina - intent to annex Lot 1 , Minor Subdivision No. 253 and a portion of the W% , WY2 , SE% and the EY.z , SW% , Section 3. T2S, R5E. MPM (northeast corner of intersection of Durston Road and Flanders Mill Road) (A~OOO 1 ) This was the time and place set for the public hearing on the intent to annex Lot 1, Minor Subdivision No. 253 and a portion of the West one-half, West one-half, Southeast one-quarter and the . East one~half, Southeast one-quarter of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian, under Commission Resolution No. 3359, entitled: 06-05-2000 ------ -. - 27 - COMMISSION RESOLUTION NO. 3359 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Youngman opened the public hearing. Assistant Planner Berger presented the staff report. She noted the subject 29.271-acre parcel is located at the northeast corner of the intersection of Durston Road and Flanders Mill Road. Staff finds this annexation request addresses all policies as stated in Resolution 3137, and none of the policies would be violated with the annexation of the property. The Development Review Committee has also reviewed this application and recommends the following issues be addressed in the annexation agreement: Engineering staff recommends getting appropriate easements all the way to Oak Street and with development of the property, a full subdivision review would be required. Commissioner Brown asked if in the area showing home sites, is there a house there? Assistant Planner Berger replied yes there is, but it is not part of the proposed annexation area at this point. Commissioner Brown then asked if there is a home in the way of extending the right-of-way through the property. Ms. Berger answered the engineer can address that; it looks pretty close, but she is not sure if the actual location has been surveyed. . Commissioner Frost inquired if there is a street easement or right~of-way on Durston Road from the east. Assistant Planner Berger responded when the minor subdivision was done for the property on the corner, an actual dedication was provided; but from there east there is no right-of-way. Commissioner Frost noted Ferguson Meadows will be doing some dedication and sidewalk improvements to Durston Road, but this looks like leapfrogging to him; and that is not the direction the City should be going. The City should go out in a very linear way, not going beyond where it has easements. He further stated he doesn't mind annexing this property, but he is going to have a big problem with anything being built on it. Assistant Planner Berger said that was one of the issues identified and is addressed in condition no. 7. Dennis Foreman, Gaston Engineering and representing the applicant, said they have a conflict with condition no. 10; an easement shall be provided for the 18-inch and 21-inch sewer line. They have no control to obtain an easement beyond the limits of this property; they can provide an easement across their property, but not across the adjacent property. Applicant needs clarification of that. Mr. Foreman also wanted to clarify that they are providing an easement only across the Doug Smith property. This does give the City another stretch of Durston Road with a 45-foot right-of-way. With this annexation the City will get waivers for development and improvements to Durston Road, which is another step toward the completion of Durston Road and will put the City one step closer to completing its collector/arterial route. Commissioner Brown inquired if the home is in the right-of-way to extend Ferguson Avenue. Mr. . Foreman replied there will be granaries in the right-of-way, but not the house. 06-05-2000 ______u_________ -------- ------ - - ----- ------ ----- - 28 - Since there were no Commissioner objections, Mayor Youngman closed the public hearing. . Commissioner Kirchhoff stated he is not opposed to the annexation, but he is opposed to any development that occurs before the infrastructure is in place. He doesn't believe the Commission ought to be approving any sort of development plan without the guarantee that adequate improvements to Durston Road will be made. Mayor Youngman asked if the Commission needs to strengthen the language in the annexation agreement to accomplish the purposes raised by Commissioners Frost and Kirchhoff . The Commissioners are all mindful of the tale of Babcock Street stretching out over a decade and still no street. Assistant Planner Berger noted she will be sure to include all the requested language, and she can beef up the comment regarding no development occurring prior to improvements to Durston Road, which will come before the Commission. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that staff be directed to bring back an annexation agreement for Commission consideration; and upon execution of an agreement acceptable to the City which incorporates the conditions stated in the staff report, bring back a Resolution of Annexation. Those conditions are as follows: 1. The Annexation Agreement, which addresses all conditions placed on the annexation application by the City Commission, shall be returned to the City of Bozeman Planning & Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. . 2. The applicant shall submit an annexation map with a legal description of the property with the Annexation Agreement. The map must be supplied on a mylar (18" x 24") for City records and on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. The maps must be acceptable to the Director of Public Service. 3. The property owner(s) shall provide usable water rights, or cash-in-lieu thereof, in an amount to be determined by the Director of Public Service, prior to final subdivision approval or final site plan approval for any development, whichever occurs first. 4. Upon annexation and upon availability of service as defined by City code, all existing dwellings shall connect to city water and sewer services. 5. At the time existing or new structures apply for connection to the city's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees that are due. The landowners and their successors shall pay all fire, street, water, and sewer impact fees required by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. . 6. The Annexation Agreement should include notice that, prior to development, the developer(s) will be responsible for installing any 06-05-2000 - -----. --- '-,_. - 29 - facilities required to provide full municipal services to the property in . accordance with the City's infrastructure master plans and all City policies and guidelines that may be in effect at the time of development. 7. A payback district and/or SID has been proposed for the streets, water mains, and sewer mains installed as part of the Valley West Annexation which may impact this property. The Annexation Agreement shall inform the landowners that payback and/or SID areas exist or may be created. Furthermore, development may not be advised until improvements to Durston Road are completed. 8. The owners shall record with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: a) A City-wide Parks Maintenance District; and b) Street improvements including paving, curb/gutter, sidewalk, storm drainage, and any associated traffic signals for Durston Road, Oak Street, Flanders Mill Road, and Ferguson Avenue. 9. The owners shall grant and provide public street and utility easements for the adjacent collector and arterial streets as follows: a) A 45-foot easement (the north % of the full 90-foot width) for Durston Road, from the east boundary of the property to Flanders Mill Road. b) A 3D-foot easement (the east % of the full 60.foot width) for Flanders Mill Road, from Durston Road to Oak Street. c) A 60-foot easement (the south % of the full 120-foot width) for Oak . Street from the projected east boundary to Flanders Mill Road. d) A 1 DO-foot easement (the full width) for Ferguson Road, from Durston Road to Oak Street. 10. Prior to annexation, an easement acceptable to the City shall be provided for the 18 inch and 21 inch Valley West Annexation sewer line that crosses through and adjacent to the property, including the property covered under the original annexation application. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. Public hearina - COA with deviations from Sections 18.50.1 0.d.5.c.ii.(EH3L 18.50.160 and 18.50.120.B.1 , BMC, to allow a 6-foot-wide landscape island in parkina area rather than reauired 8- foot; allow expansion of non-conformina structure that encroaches 6 feet into reauired 25-foot front yard setback; and allow a 25-foot two-way drivina aisle and a 20-foot service drive rather than the reauired 26-foot width on Tract 2, COS C-23-K, Northern Pacific Addition - Vilano Beach Development Company. 1104 East Main Street (Z-0043) This was the time and place set for the public hearing on a Certificate of Appropriateness, as requested by Vilano Beach Development Company under Application No. Z-0043, with deviations from . Sections 18.50.1 0.d.5.c.ii.(E)(3), 18.50.160 and 18.50.120.B.1 of the Bozeman Municipal Code, to allow a 6-foot-wide landscape island in the parking area rather than required 8-foot; allow expansion of 06-05-2000 - 30 . a nonconforming structure that encroaches 6 feet into required 25-foot front yard setback; and allow . a 25-foot two-way driving aisle and a 20-foot service drive rather than the required 26-foot width on Tract 2, COS C-23-K, Northern Pacific Addition. The subject property is more commonly known as 1104 East Main Street. Mayor Youngman opened the public hearing. Assistant Planner Berger presented the staff report. She characterized the deviations as pertaining to increased structure height and drive aisle width; landscape aisles need to be 6 feet to allow for car doors to be opened. These islands will not contain trees, but rather shrubs and lighting. The Development Review Committee has reviewed this application against the appropriate portions of the code and finds it meets all requirements. Van Bryan, Apogee Architects, clarified the expansion of a nonconforming structure and where the encroachment takes place. The building has not been enlarged; the parapet of the building is the portion encroaching, which is the reason for the variance. The purpose of the parapet is to enhance the original appeal or character of the building. Commissioner Smiley stated she believes this will improve the outside appearance considerably. Commissioner Frost expressed concern about the lighting fixture for the parking lot, which he said "is not going to fly. Every time we approve one of these we spend months remediating it." Assistant Planner Berger replied she has discussed this with the architect. Commissioner Frost then stated the landscaping needs to be enhanced; the street trees should . be four along the front of the building and one along the driveway, spaced 2.5 feet from the sidewalk. He also questioned having six trees that will reach a mature height of 50 feet, asking if these trees on the street are going to be that much larger than those on the east side of the building. Mr. Bryan responded they are trying to block off the front elevation a little. Commissioner Frost stated it will take awhile for these trees to grow, and the purpose is to provide pedestrian comfort and safety so those trees need to cover that sidewalk. He also questioned the size of the islands and why there are no trees in them; noting there will be a big piece of asphalt with no shade. Mr. Bryan replied the islands are 6 feet by 20 feet. Mayor Youngman asked if there was a reason why trees weren't recommended for the island. Assistant Planner Berger answered the code requires a minimum of 4 feet from the tree trunk to the pavement to protect the health of the tree by ensuring people don't hit them with car doors. Commissioner Frost asked what kind of plantings were proposed on the south side of the lot. Ms. Berger replied Japanese Tree Lilacs, adding there are power poles in those islands. Commissioner Frost suggested the Northwood Red Maple be moved out onto the street and another Japanese Tree Lilac be added to give more definition. He said he is assuming these Aspen trees are coming out and deciduous trees are being put in. Assistant Planner Berger replied the landscaping code requires groupings, and that is a combination of trees and shrubs. In this case, the applicant is under the mandatory requirement of one island for every 60 parking spaces. She acknowledged the applicant will have to beef up this landscaping, in addition to what they have proposed. Commissioner Frost stated his suggestion is still to require five deciduous trees across the front; the clustering can occur elsewhere. Planning Director Epple clarified that by asking if Commissioner Frost was attempting to create a more formal boulevard pattern of trees, to which Commissioner Frost replied, "Yes, although they may have to move some of the clustering". . Since there were no Commissioner objections, Mayor Youngman closed the public hearing. 06-05-2000 --- - 31 ~ It was moved by Commissioner Brown, seconded by Commissioner Frost, that the COA with . deviations from Sections 18.50.1 0.d.5.c.ii.(EH3), 18.50.160, and 18.50.120.B 1, BMC, to allow a 6- foot-wide landscape island in a parking area rather than the required 8 foot; allow expansion of a non- conforming structure that encroaches 6 feet into the required 25-foot, two-way driving aisle and a 20- foot service drive rather than the required 26-foot width on Tract 2, COS C-23-K, Northern Pacific Addition, as requested in Application No. Z-0043 be approved, subject to the following conditions: 1. The applicant must submit an accurately dimensioned final site plan within 6 months of a preliminary approval, as well as a written narrative indicating how all conditions of approval have been met. The final site plan must be approved prior to the issuance of any building permits. Per Section 18.62.090, "Building Permits and Installation of Improvements", an Improvements Agreement must be signed by the applicant/owner prior to final site plan approval. If occupancy of the building is to occur prior to completion of all required improvements, the Improvements Agreement must be financially guaranteed. 2. The accessible parking spaces shall be designated as reserved for the disabled by signs that comply with ADA requirements. At least one handicapped accessible space must be van accessible and signed accordingly. Raised signs shall be located at a distance no greater than 5 feet from the front of each accessible space per Section 18.50.120.F.3.c; shall be subject to review and approval of the Planning Office; and shall include the language "Permit Required, $100 Fine". The . location of and details of the signage must be submitted with or on the final site plan. 3. All utility substations, wells, storage facilities, or other utilities shall be screened from view by a wall, fence, hedge, landscape screen or other method per Section 18.50.070.E.1. and Design Objective Plan Guideline B.6, applicable to all corridors. Details of any rooftop mechanical equipment or ground utilities must be provided with the final site plan and are subject to the review and approval of Administrative Design Review staff. 4. The location for, and a detail of, a bike rack shall be shown on the final site plan per Section 18.50.035.R. 5. Landscaping must comply with the mandatory landscaping requirements of Section 18.50.100.0.5, "Mandatory Landscaping Requirements", unless deviations are requested and granted, and show overall design excellence with consideration of the minimum points standards established under Section 18.50.100.0.6. The final landscape plan must also: a. show how permanent irrigation of the lot will occur per Section 18.50.1 00.D.5.i and accurately depict existing and any proposed water and sewer service lines; . b. be in compliance with Section 18.50.1 00.D.5.c.ii.(E) (3), "Parking Lot Landscaping Required", which requires internal parking lot landscaping 06-05-2000 - 32 - islands to be a minimum width of 8 feet, unless a deviation is granted . by the governing body; c. provide a minimum of five street frontage trees, located 2.5 feet from the sidewalk, of tree species as provided in Section 18.50.1 00.D.5.e, "Street Frontage Landscaping Required"; d. be prepared and certified by a registered Montana landscape architect, an individual with a degree in landscape design and 2 years of professional design experience, or an individual with a degree in a related field and at least 5 years of professional design experience per Section 18.50.100.D.3.c. 6. The configuration of the off-street parking shall comply with the requirements of Section 18.50.120, "Parking Requirements", unless a deviation is granted by the governing body. Two-way drive aisles for 90- degree stalls are required to be a minimum of 26 feet. The staff parking area along the south elevation of the building shall be modified to allow at least 25 feet of backup maneuverability. An easement, or other assurance acceptable to the Planning Department, for use of property on Tract 1 of COS #C-23-K for backing maneuvers, must be provided prior to final site plan approval. 7. Any new or proposed signage must be in conformance with Section 18.65 of the Bozeman Zoning Ordinance. All appropriate sign permits . must be obtained prior to the installation of any new signage. 8. The final site plan shall show the location for, and a detail of, existing and any proposed wall-mounted and/or signage lighting. Lighting standards used to illuminate parking areas shall not exceed 20 feet in height. Lighting must be arranged to deflect light down and away from adjoining properties and must not detract from driver visibility on adjacent roads per Sections 18.50.035.A.1 and 18.50.120.8.9. Bulbs and lenses must be shielded from view per Design Objective Plan Guideline A.4, applicable to all corridors. 9. The applicant shall submit rendered elevations delineating the color pallette and a sample of the "Nu-Wave" siding for review and approval of Administrative Design Review staff prior to final site plan approval. 10. The applicant shall obtain approval, and any necessary permits, from Montana Department of Transportation prior to final site plan approval. 11. Sewer and water services, mains, appurtenances, curb stops, and easements shall be shown on the final site plan and approved by the Water/Sewer Superintendent. A reduced pressure back-flow device must be installed on the domestic water service line, and the sanitary sewer must have an adequately sized and functional grease trap in place. City . of Bozeman applications for service shall be completed by the applicant. It is recommended by the Water/Sewer Superintendent that the sanitary 06-05-2000 - 33 - sewer line be TV-inspected. Stormwater Grading, Drainage and . Treatment Plan, and Maintenance Plan for a system designed to remove solids, silt, oils, grease and other pollutants from the run-off from the private and/or public streets and private property must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient flow directional arrows and spot elevations along drainage courses), stormwater detention/retention basin details (including basin sizing and discharge calculation and discharge structure details), stormwater discharge destination and a stormwater maintenance plan. If the grading design discloses any adverse impact to off-site properties, necessary design alterations and/or drainage conveyance devices and easements must be provided. The stormwater drainage/treatment plan shall include a Maintenance Plan which must be provided to and approved by the City Engineer. The plan shall include the following: description of maintenance operations, frequency of inspections and maintenance, responsible parties, and record-keeping methodology. 12. The drive approach shall be constructed in accordance with the City's standard approach (Le. concrete apron, sidewalk section, and drop-curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. . 13. Final sidewalk location shall be reviewed and approved by Andy Kerr of the Engineering Department. A public access easement, acceptable to the Engineering Department, shall be recorded at the Gallatin County Clerk & Recorder's office for any portions of the sidewalk that are outside of the public right-of-way. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman. Those voting No, none. Public hearina - aDDeal of Plannina Director's decision that one of the three regular on-site Darkina SDaces on the south 50 feet minus 6% feet of Lot 22 and the south 50 feet of Lots 23, 24 and 25, Block A, Tracy's First Addition, must be Drovided for restaurant use - John East (Z-0035) This was the time and place set for the hearing on the appeal of the Planning Director's decision that one of the three regular on-site parking spaces on the south 50 feet minus 6 % feet of Lot 22 and the south 50 feet of Lots 23, 24 and 25, Block A, Tracy's First Addition, must be provided for restaurant use, as filed by John East under Application No. Z-0035. Mayor Youngman opened the public hearing. Assistant Planner Berger presented the staff report. She reviewed the history of this appeal and noted staff recommends denial. One letter of public testimony has been received from Robert Planalp, . property owner directly to the north and west. 06-05-2000 - 34 - John East, Appellant, stated his main concern is the amount of parking space he is required to . have has been changed, and he needs clarification On how many spaces he really needs to provide. He told the Commissioners they have all the documentation pertaining to his appeal, except possibly his latest memo, which he then distributed to them. Mr. East said he has complied with everything the City has asked for regarding parking, and he has 8.31 spaces provided for the restaurant. He doesn't understand why there is a problem; if his tenant wants on-site parking, she should have to approach him and he will lease it to her. It is not stated in her lease that she will have on-site parking, and this is a private issue between Mr. East and his tenant. Paul House, Opponent of the Appeal, 407 Bonner Lane, passed out photos for the Commissioners to review. He presented a brief overview of the photos, which depict the alley parking situation since December 1, 1999 or shortly before. The restaurant hasn't been able to use anyon-site parking spaces since the lease was initiated. Christine Yearly, Opponent of the Appeal, 407 Bonner Lane and cate owner, stated her overriding concern is that all along John (East) could have complied with Planning staff's request for one spot for her use. That could have easily been accomplished by parking his van over to one si,de a little bit. She is currently renting a parking spot from Mr. Planalp, adjacent property owner, and now Mr. East is parking his vehicle so far over onto Mr. Planalp's property that she can barely get into the parking spot she is paying to use. The only issue is to move the van over so we can both park there. Commissioner Kirchhoff pointed out that Mr. East mentioned, in his view, the parking allotments don't convert to the restaurant owners who are leasing from him. These spaces are to be used by the restaurant facility regardless of the ownership, so how does that work? Planning Director Epple replied . parking was figured to allow two spaces for the upstairs apartment and one for the restaurant, no matter who was running it. Staff Attorney Cooper stated the Commissioners have the final site plan with the CUP that has become the code for that building and the approval has been interpreted to be in error by Mr. East. Mr. East needs to demonstrate in his appeal how that has been violated. \ Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Kirchhoff stated there is no way he could uphold Mr. East's appeal based on the information received tonight. It seems black and white that Mr. East has been acting in error; and hopefully, the non-compliance will stop. Commissioner Smiley agreed, saying it has been consistently said there needs to be a parking space dedicated for restaurant use and that needs to be done. Commissioner Brown noted it is important to support Planning staff in a united manner. Commissioner Frost concurred, saying it is clear by what the Commission has just heard that the Commissioners are supporting Planning staff. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission uphold the decision of the Planning Director, to deny the appeal; one of the three regular on-site parking spaces must be reserved for restaurant use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. . Public hearina - Preliminarv Dlat for minor subdivision ~ aaareaate lots. create two lots. and relocate a common boundary in Amended Subdivision Plat of Dortions of Block 28-30. Block 33-41 and Blocks 46- 06-05-2000 ------ -. .-.... ..... ....- -.-- - 35 - 48, Northern Pacific Addition, further described as beina Lot 2 as shown on Block C of Plats, Paae 23~ . A4; that Darcel described on Film 93, Paae , 968; and Tract C, COS No. 68, located in the NEv... , Section 7, T2S, R5E, MPM (north side of East Main Street, east of North Broadwav Avenue) - Alcine Hotel Partners LLC and BRC Investments LLC (P~OO' 8) This was the time and place set for the public hearing on the preliminary plat for a minor subdivision. as requested by Alpine Hotel Partners LLC and BRC Investments LLC under Application No. P-0018. to aggregate lots. create two lots. and relocate a common boundary in Amended Subdivision Plat of portions of Block 28-30. Block 33-41 and Blocks 46-48. Northern Pacific Addition. further described as being Lot 2 as shown on Block C of Plats. Page 23-A4; that parcel described on Film 93. Page 1968; and Tract C. COS No. 68. located in the Northeast one-quarter. Section 7. Township 2 South. Range 5 East. Montana Principal Meridian. The property is more commonly located along the north side of East Main Street. east of North Broadway Avenue. Mayor Youngman opened the public hearing. Assistant Planner Berger presented the staff report. The Development Review Committee (DRC) has reviewed this application and finds that. with the conditions of approval. it is in compliance with the Bozeman Zoning Ordinance. the 1990 Bozeman Master Plan. the Montana Subdivision and Platting Act. and the Bozeman Interim Subdivision Regulations; and DRC recommends approval with the three conditions outlined in the staff report. Roger Kraft. 1504 West Story. stated he is in agreement with staff's conditions. He added this project started off as a triangle of land being sold to the Alpine Motel to realign the boundary with the . natural contour of the land. However. what they envisioned to be a simple procedure has turned into a long process. Michael Delaney. 101 East Main Street. offered his support of this application because it will enhance East Main Street and makes the topography of the lot line more in line with the land. He concluded by highly encouraging the Commission to approve this application. Jon Gerster. 719 North Wallace. said he is neutral about this application because he doesn.t know as much about it as he would like. However. this application does raise the awareness of the Cupola property. and he is encouraged that Roger (Kraft) has been very forthcoming in educating himself and attending the wetland seminars. Mr. Gerster said this gives him a great deal of faith and hope in what Mr. Kraft is doing and faith in this property. Mr. Gerster encouraged the Commission to be vigilant about this property and what it means to the northeast portion of town. Chris Nixon. 719 North Wallace. stated it makes more sense that the top of this hill is part of the Alpine properties; everyone would have thought it always has been. He. too. is encouraged that Mr. Kraft has been attending the community meetings. Mr. Nixon proposed, if the DRC and Mr. Kraft are willing. a charette would be a wonderful idea for this property. as well as any other of these important properties. These charettes allow the community to take pride in what the city is doing. Chandler Dayton. 716 East Peach. and representing the northeast neighborhood. expressed her concerns regarding the significance of this proposal. Right now the applicant is requesting a change . of the lot line. which. to her. signifies future development. The Cupola project has a history of blatant disregard for the wetlands and traffic/transportation issues. so the nature of any development issues are very important to the northeast neighborhood. She asked for assurances from the Commission and 06-05-2000 - 36 - the developer that development will continue in a piecemeal manner. If the neighborhood is given a e chance for input, they want to be certain their concerns are taken seriously and they are heard. Roger Kraft responded to Ms. Dayton by saying he is not the property owner, but he will relay these messages to them. Five meetings were held with the northeast side originally, and there will be some more meetings held when they decide what to do with this property. This application has nothing to do with any future development of this property. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the preliminary plat application to aggregate lots and relocate a common boundary, resulting in two lots, on 36.131 acres zoned "M-1" and "B-2" and located north of East Main Street and east of North Broadway Avenue, Application No. P-0018, be approved, subject to the following conditions: 1. The final plat submittal must be in conformance with the Bozeman Interim Subdivision Regulations 16.08.050, "Final Plat" and must include a platting certificate prepared by a Montana title company. 2. All certificates will need to conform with Chapter 16.32 of the Bozeman Interim Subdivision Regulations. 3. Per Sections 16.14.140, "Noxious Weeds". and 16.08.040, "Preliminary Plat Supplements", the subdivider shall enter into a Memorandum of Understanding signed by the Gallatin County Weed District and the . subdivider, and any mitigation measures must be implemented prior to final plat approval. A copy of the signed document must be submitted to the Planning Department with the application for final plat approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No. none. Break - 9:31 pm Mayor Youngman declared a break from 9:31 pm until 9:38 pm in accordance with Commission policy. Public hearina - Preliminarv plat for South Meadow Minor Subdivision - Euaene Graf III and Yvonne Jarrett - subdivide 97.69 acres described as remainina portion of Gnd's Fourth Addition, located in the SW% , Section 19, T2S, R6E, MPM, into four lots for sinale-familv residential development (north of Sundance Sorinas Subdivision and south of Sprina Meadows Subdivision) (P-0015) This was the time and place set for the public hearing on the preliminary plat for South Meadow Minor Subdivision, as requested by Eugene Graf III and Yvonne Jarrett under Application No. P-0015, to subdivide 97.69 acres described as remaining portion of Graf's Fourth Addition. located in the Southwest one-quarter of Section 19, Township 2 South, Range 6 East. Montana Principal Meridian. . into four lots for single-family residential development. The subject property is more commonly located north of Sundance Springs Subdivision and south of Spring Meadows Subdivision. 06-05-2000 ----...-.-----. -- --------.- -----------.-------.-..-- .n. __ .___ _.._____.__._.__ ._..__.________,,_ - 37 - Mayor Youngman opened the public hearing. . Senior Planner Skelton presented the staff report. He reviewed the application stating these lots will range from 20 to 25 acres in size. There are two parts to this application; the four-lot minor subdivision and a request for variances to subdivision regulations. Full environmental and community impact statements will be required at the time these four lots are further subdivided but are not required now. Planning staff and the Development Review Committee have reviewed this application against the criteria established and recommend approval of this application with the conditions outlined in the staff report. Mr. Skelton noted there currently is an easement on the eastern boundary for the Sourdough Trail; and upon any future subdivision of this property, this will be counted toward the parkland requirements. As these lots are further subdivided, that easement will be dedicated; but it cannot be done now. The Recreation and Parks Advisory Board is recommending a future park area be dedicated in lot 4 to approximate to the Sourdough Trail. The Recreation and Parks Board saw another opportunity to have another trail system established on the western border of this property, adjoining Matthew Bird Creek. There will be recommendations to the Commission if a trail easement is necessary on lots 2 and 3. The developers may use Graf Street and the other interior streets to provide pedestrian circulation. Senior Planner Skelton then reviewed the second part of the application, the variance request, stating the developer is not in disagreement with installing the improvements, just the timing. He is requesting the sidewalks not be required to be installed until the lots are further subdivided. He will put the sidewalk on each side as it is developed. There are no sidewalks further south that are leading anywhere. . The developer will guarantee all improvements, but he is asking for the time frame to be extended beyond the 4-year limit. If this property is further subdivided before that 4-year limit, a traffic study will determine what the requirements will be for Graf Street. Traffic impacts are not significant with this 4.lot subdivision, but with further subdivision that will need to be assessed and evaluated. Public testimony previously received was with regard to the potential trail along Matthew Bird Creek. Eugene Graf, 3025 Langohr Avenue, stated he is in agreement with all the conditions. Mayor Youngman stated she has gotten calls from people wanting to know if this development is appropriate without conducting a traffic impact analysis now. These people thought it would be better to know now for the whole subdivision rather than later. Mr. Graf responded the City does have a traffic study, for the next portion of development, being updated at this point, which "Yould provide information for the whole. Chris Nixon, 719 North Wallace, stated one of the key elements of interest to the community is trails along corridors and streams. People in this community need things to do and walking/hiking trails are something we need. The current trails are heavily used, and this could take some of the pressure off of the existing trails. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. . Mayor Youngman asked which code this property would be developed under. Planning Director 06-05-2000 ------------,,-- ----- --- , - - ----...--- - 38 - Epple said this application has been submitted before the revised regulations of June 1 st, so staff will . have to see which code will better serve everyone's needs. Commissioner Smiley said she is in favor of trails everywhere; the City needs as many trails as possible. Planning Director Epple stated the trail option along the western edge is still viable. The message he received from the Recreation and Parks Advisory Board is that they are not sure they want a trail there, but they want a bookmark in place in case there is a desire to have a trail there in the future. There is a sense in the community now that it might be more valuable to put energy and resources into priority trails rather than into putting trails everywhere which might not be maintained well or are too small to function well. Mayor Youngman noted this would offer the possibility of looping since the Sourdough trail experiences overuse at certain periods of time. Staff Attorney Cooper asked a question on the variance request, specifically on criteria no. 2. "Staff and the Development Review Committee have not found any physical surroundings or other conditions on the specific property that would cause undue hardship to the owner if the sidewalks were required to be installed, correct?" Senior Planner Skelton replied there is a hardship because there is no sidewalk to the south. He reminded the Commissioners that, unlike the zoning variances, the Commission must find only that they considered the criteria in the statute; not that all four criteria have been met. Staff Attorney Cooper said, "Isn't that contrary to the opinion Paul (Luwe) gave you in January? The Ordinance says the Commission must find all four criteria have been met to grant a subdivision variance." Mr. Skelton replied if counsel feels the Commission needs a sound finding on that, action on this should probably be deferred. Commissioner Kirchhoff raised a procedural question, asking if there needs to be two motions . and two votes; one for the variance and one for the preliminary plat. Staff Attorney Cooper answered there is potentially four votes; three variances and the preliminary plat. It isn't all that critical right now unless the applicant feels the approval of the subdivision plat without the variances is something he doesn't want. Applicant Graf asked if the sidewalk variance is the one that is causing the problem. The second variance, the one pertaining to extending the proposed street to the east boundary is one the community doesn't want; they don't want the street to connect on the east. He explained one of these lots will be a condominium project developed by Ken LeClair in two phases. Sidewalks will be put in where there are houses, but not on the other side where there are no houses. The hardship is these sidewalks will have to be torn out, if they are installed now, when construction begins. Mayor Youngman asked if the Commission needs to vote on the minor subdivision and hold on a vote on the variances until the Commission has a chance to talk to City Attorney Luwe. Staff Attorney Cooper stated he knows what Mr. Luwe's opinion was four months ago, and it is right out of the subdivision ordinance; to grant the variance it needs to meet these four requirements. Commissioner Kirchhoff suggested if the Commission runs the sidewalks through the four criteria, there needs to be some topographical hardship; what about impassability? The City doesn't want people going south to nothing; no trail, no other sidewalk. Commissioner Brown responded the Commissioners have to apply some common sense. Planning Director Epple noted these are not permanent variances, just variances pertaining to the timing of installation; and this is a unique set of circumstances. Staff Attorney Cooper stated as a four-lot subdivision, he isn't sure how the improvement language in the code will kick in because all four lots will undergo additional, independent review. Senior Planner Skelton replied this agreement is good for only four years, and Mr. Graf is saying this . development will go beyond the four years when the preliminary plat will expire. There is the potential the Commission will have to look at another preliminary plat review then. 06-05-2000 --- -- - - ---- . un.__._______u - 39 - Staff Attorney Cooper then asked why the owner needs a variance from the improvements . agreement. Mr. Skelton answered he believes the property owner is saying the financial guarantee is only good for four years. Mr. Cooper questioned what improvements Mr. Graf is required to put in. Streets, sidewalks, and other infrastructure, responded Senior Planner Skelton. Staff Attorney Cooper inquired if Mr. Graf isn't going to put those improvements in, why does he want to guarantee that for more than four years? Mr. Graf answered he wants to put in the infrastructure for lot no. 1. The conversation he had with the Development Review Committee was they didn't want to encourage traffic to come up Graf Street out of Sundance. If the developer has to build the street the whole length of this property, it makes it untenable to develop this ground. Staff Attorney Cooper stated he is trying to "stir this to the point of determining does this variance meet the requirements of City code, regarding hardships". Commissioner Frost replied the Commission needs to decide it meets the requirements for a variance. Mayor Youngman added Commissioner Kirchhoff has given us a possible hardship for criteria no. 2 if the Commission wants to consider it. Commissioner Frost agreed it meets the criteria for hardships. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, to approve the three requested variances for the preliminary plat for South Meadow Minor Subdivision. Commissioner Frost noted he will vote to approve this because the criteria of the hardship is being met by having no sidewalks to the south. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman. Those voting No, none. It was moved by Commissioner Brown, seconded by Commissioner Frost, to approve the . preliminary plat for South Meadow Minor Subdivision, to subdivide 97.69 acres described as the remaining portion of Graf's Fourth Addition, into four lots of single-family residential development, per Application No. P-0015, subject to the following conditions: 1. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the storm water receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways, and finished lot grades) , typical storm water detention/retention basin and discharge structure details, basin sizing calculations, and a storm water maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. 2. Plans and specifications and a detailed design report for water and sewer main . extensions, storm sewer, and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana 06-05-2000 ------ - ---------- ------- ------ --.--- - 40- Department of Environmental Quality. The applicant shall also provide . professional engineering services for construction inspection, post.construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure Improvements. The public infrastructure improvements in Graf Street must be constructed to the southern boundary of this subdivision. The final plat may be filed with the improvements adjoining lots 3 and 4 being financially guaranteed pursuant to 16.22.040 of the City code or under terms of a variance granted by the City Commission. If this is done, a note shall be added to the final plat stating that no building permits shall be issued for lots 3 and 4 until the public infrastructure improvements are complete and accepted by the City of Bozeman. 3. All infrastructure improvements including 1) water and sewer main extensions and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to final plat approval. Sidewalks shall be constructed on both sides of the street at the time of the other . infrastructure improvements unless a variance is granted by the City Commission. 4. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (Le., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final plat approval. 5. If the ditch in Lot 3 is to be relocated: a. The Montana Fish, Wildlife and Parks shall be contacted by the applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained. b. The applicant shall obtain written permission from the ditch owner for the proposed relocation. 6. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width. with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. 7. Project phasing shall be clearly defined including installation of infrastructure. 8. That the final plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations and shall include all applicable documents, certificates, . and be accompanied by all appropriate documents, including a Platting Certificate. Two mylar and two clothback copies of the final plat must be submitted for final 06-05-2000 -...-...---.--- .---- . 41 - plat approval, along with a digital copy of the final plat, on a double-sided, high . density 3 Y2 -inch floppy disk. 9. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to final plat approval pursuant to Section 16.16.101 through 16.16.805 ARM. 10. That the applicant provide with the application for final plat review and approval a copy of a signed Memorandum of Understanding with the Gallatin County Weed Control District. 11. A Certificate of Title prepared by a licensed title company shall be submitted with the final plat application. 12. The final plat shall provide public utility easements along side and rear lot lines as required by the subdivision regulations. However, in the event front yard easements are used, rear yard easements must still be provided on the plat unless written confirmation is submitted to the Planning Office from all utility companies indicating that front yard easements are adequate. The easement note required in Section 16.14.050 of the subdivision regulations shall be provided on the final plat. 13. The applicant shall provide with the final plat application a copy of the executed easement for Sourdough Trail in order to determine the required park land for . future subdivision and development of Lot Nos. 2, 3 and 4. A minor subdivision is not required to dedicate park land. However, a conceptual master plan of the four-lot minor subdivision shall designate the area requested by the Parks and Recreation Advisory Board to be reserved for "future" park land and/or open space. If the easement has not been executed, the trail easement shall be dedicated to the general public on this plat as public trail easement. 14. Section 16.16.010 of the subdivision regulations require that when a new subdivision adjoins unsubdivided land susceptible to being subdivided, then streets shall be so arranged as to allow the suitable development of adjoining areas. As a result, the minor subdivision must provide the necessary provisions for the future development of the adjoining property to the east, unless a variance to the subdivision reaulations is aranted bv the Citv Commission. 15. That the applicant execute and file with the final plat a waiver of right-to-protest creation of a city-wide park maintenance district for maintenance and upkeep of dedicated park land and trail system(s) for review and approval by the City of Bozeman prior to final plat approval. 16. The applicant shall submit a revised conceptual master plan of the four-lot minor subdivision that depicts the major pedestrian and bikeway circulation systems, as well as major linkage points between trails, bikeways, sidewalks, streets, adjoining park lands, and future park lands for review and approval by the . Planning Office prior to submitting an application for final plat review and approval. 06-05-2000 - --- ----..,.-- ---- - 42- 17. The final plat shall contain the following notation: . "Prior to further subdivision of Lot No.2 and Lot No.3 the subdivider may be .~ required to provide a 25.foot wide public pedestrian trail easement in the general proximity of Matthew Bird Creek for review and approval by the Planning Office and Bozeman Recreation and Parks Advisory Board." 18. That the final plat contain a "No Building" restriction on Lot Nos. 1, 2, 3, and 4 until all required street and infrastructure improvements, as required by the City v of Bozeman, have been installed, certified, inspected, and accepted by the City of Bozeman. 19. The final plat shall delineate a 35-foot stream setback for that portion of Nash Spring Creek that crosses said minor subdivision. 20. That the final plat contain the following restriction on the land: "Due to evidence of high ground water in the area of this subdivision, residential dwellings with full basements or partial basements shall not be permitted until an environmental assessment has been reviewed and approved by the City of Bozeman to lift said restriction." 21. That the title of this final plat be identified as "South Meadows Minor Subdivision No. " . 22. The subdivider shall ensure that all construction material and other debris is removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat. 23. That the developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of the cost of the remaining improvements and address all applicable contingencies. 24. That the developer shall have three (3) years from the date of preliminary plat approval to complete the conditions of preliminary plat approval and apply for Final Plat approval. At the end of this period the governing body may, at the written request of the subdivider, extend its approval for no more than one (1) calendar year, as outlined in Section 16.1 0.050.J of the subdivision regulations. 25. That the applicant submit with the application for final plat review and approval of the four.lot minor subdivision, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed. . Commissioner Frost noted it is frustrating to have a piece of land this size that can be divided 06.05.2000 . 43 - into these lots. As a public official he would like to have a master plan as to what is being proposed . because he cannot look out for the best interest of the public in these instances. Mayor Youngman stated her hope is to have this developed under the new law. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Public hearina - variance from Section 1 8.50.030.D. 1 .. Bozeman Municioal Code, to allow obtainina a oartial buildina oermit for foundations onlv on Lot 1 orior to installation of infrastructure imorovements - Serina Creek Villaae Minor Subdivision (northwest corner of Ferauson Avenue and Huffine Lane) - Michael Delanev, Ileana Indreland, Delanev & Co.. and WBW. LLC (Z-0042) This was the time and place set for the public hearing on the variance from Section 18.50.030.D.1. of the Bozeman Municipal Code, to allow obtaining a partial building permit for foundations only on Lot 1 prior to installation of infrastructure improvements in the Spring Creek Village Minor Subdivision, as requested by Michael Delaney, Ileana Indreland, Delaney & Co., and WSW, LLC, under Application No. Z-0042. The subject property is located at the northwest corner of the intersection of Ferguson Avenue and Huffine Lane. Mayor Youngman opened the public hearing. Senior Planner Skelton presented the staff report. The applicant will financially guarantee the improvements required and will file the plat. What has triggered these variances is the development of . lot no. 1, although it does apply to all three lots fronting Ferguson Avenue. The applicant is requesting to modify the three conditions of preliminary plat approval; asking for a foundation permit before the sewer/water improvements are installed. The improvements to Fallon Street and Resort Drive will be financially guaranteed for a 4-year period. It is a matter of chronological order; plat must be filed and the infrastructure must be in place before the permit is issued. Based upon the criteria that must be considered, staff and the Development Review Committee feel it is not in the best interest of the community to approve this application. There is no emergency services access to the property. Regarding the yard setback requirement, the property is zoned" BP" and the intent is to provide a campus-like setting; substantial open space and a park-like setting. The setback requirement increases as the building size increases. The yard setback along Ferguson Avenue would be 40 to 50 feet. Senior Planner Skelton continued, saying because of the "BP" zoning and the campus-like setting, an open ditch which would have water only one month of the year is not in the best interest of the community. There is also concern regarding the grade of the ditch. No public testimony has been received to date. Michael Delaney, 101 East Main Street, stated in order to do this application proper justice, he will begin with agenda item no. 30 and then speak to nos. 29 and 28. Mr. Delaney then handed out to the Commissioners a letter and supporting materials from D & H Engineers. Mr. Delaney provided some history of this application, saying they only wanted to build a health club; they didn't want to put . in the streets and other improvements. Planning staff and the Commission insisted these improvements be put in, so they acquiesced because they promised to put in a health club for this group of people. 06-05-2000 ~ - 44- Now they are being required to landscape and maintain a huge green space, and there is nowhere else . in Bozeman that has this kind of setback required. They don't feel they should have to live with that increased setback requirement. Mr. Delaney stated this setback requirement is important to them because it is a huge financial investment, and they are selling lot no. 1 to a specific group who have a specific design. They thought that within the 50-foot setback they could develop a quality lot. This group of people has stated that under no circumstances will they deviate from their plan and endure more expenses of any kind. Mr. Delaney did not anticipate building a health club before the improvements were in. However, this group's goal is to begin construction now; they are on a fast track and want to begin construction this season. They need some latitude from the Commission to do that. They will financially guarantee the construction of the streets and other improvements. Commissioner Kirchhoff asked exactly what are the required setbacks, and are these in excess of those? Senior Planner Skelton reminded the Commissioners to remember the history of this property and its rezoning as an entryway corridor. The concept is as the buildings are larger, the open space and green belts are larger. Ferguson Avenue serves as the demarcation line between three zoning areas. Planning staff's point and argument is the subdivider/developer can do whatever they want with that ditch as long as it is not in the front yard, in order to maintain the integrity of the park-like setting. "Our urban streetscapes are the one integral element that joins our community together", said Senior Planning Skelton. Ileana Indreland, 101 East Main Street, stated they don't want to make this any more difficult than it has to be. There are no legal requirements that require this kind of setback or restrictions on a . waterway. This is not North 19th Avenue, and those requirements have not been as stringent as these proposed by staff. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the variance from Section 18.50.030.D.1. to allow obtaining a partial building permit for foundation only on Lot 1 prior to installation of the infrastructure improvements, Spring Creek Village Minor Subdivision, per Application No. Z-0042, be denied. Commissioner Frost said he doesn't believe any of the three required criteria have been met, so he won't support this application. Commissioner Kirchhoff added the Commissioners are restricted in their thinking by the criteria approved by the state for how the Commission deals with variances, and he doesn't believe these pass that muster. Mayor Youngman noted it should be no surprise that she agrees as well. She has been voting against variances for the last six years; and unless the criteria are met, the Commission must vote no. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman. Those voting No being Commissioner Smiley. . Public hearina - variance from Section 16.22.040. Bozeman MuniciDa! Code. to allow obtainina a Dartia! buildina Dermit for foundations onlv on lot 1 Drior to installation of infrastructure imDrovements - SDrina 06-05-2000 - 45 - Creek Villaae Minor Subdivision (northwest corner of Ferauson Avenue and Huffine Lane) - Michael . Delaney. Ileana Indreland. Delaney & Co.. and WSW. LLC (P-0017) This was the time and place set for the public hearing on the variance from Section 16.22.040 of the Bozeman Municipal Code, to allow obtaining a partial building permit for foundations only on Lot 1 prior to installation of infrastructure improvements in the Spring Creek Village Minor Subdivision, as requested by Michael Delaney. Ileana Indreland, Delaney & Co., and WBW, LLC, under Application No. P-0017. The subject property is located at the northwest corner of the intersection of Ferguson Avenue and Huffine Lane. Mayor Youngman opened the public hearing. Senior Planner Skelton presented the staff report. He stated the purpose of this code is to allow the orderly growth and development of Bozeman. Services to these parcels are just as important in the beginning of the project as they are to the occupancy. Mr. Delaney stated they concurred with staff on the foundation permit. No further public testimony was received. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, for approval of the variance from Section 16.22.040 to allow obtaining a partial building permit for foundation only on Lot 1 prior to the installation of the infrastructure improvements, Spring Creek Village Minor Subdivision, per Application No. P-OO 1 7. . Commissioner Frost stated he doesn't believe this meets any of the four criteria, so he will be voting against the motion. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Smiley; those voting No being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman. Public hearina - Preliminary Dlat for Sorina Creek Villaae Minor Subdivision ~ Michael Delanev. Ileana Indreland. Delaney & Co.. and WSW, LLC - subdivide 116.31 acres at northwest corner of Ferauson Avenue and Huffine Lane into two residential-office lots and two business Dark lots - Michael Delanev. Ileana Indreland. Delanev & Co.. and WSW, LLC (P-0017) This was the time and place set for the public hearing on the preliminary plat for Spring Creek Village Minor Subdivision, as requested by Michael Delaney, Ileana Indreland, Delaney & Co., and WBW, LLC under Application No. P-11 07, to subdivide 116.31 acres at northwest corner of Ferguson Avenue and Huffine Lane into two residential-office lots and two business park lots. Mayor Youngman opened the public hearing. Senior Planner Skelton presented the staff report. He stated Planning Board has recommended denial based on the variance criteria. He noted that, based on the actions taken on the two previous . items, this item is failed. 06-05-2000 - 46 - Mayor Youngman asked Staff Attorney Cooper for advice on how to deal with this item. Mr. . Cooper answered he understood condition nos. 3, 6, and 11 were sought to be modified, but those all required the granting of the two variances. Condition no. 33, relating to the ditch easement is also sought to be modified, but it does not require a variance. The only thing left to modify is condition no. 33. Senior Planner Skelton has stated reasons to deny the request, and the applicant has stated reasons it should be approved. Commissioner Kirchhoff asked if the applicant has other options to pursue than those he is proposing. Mr. Skelton replied, "Yes." Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Mayor Youngman questioned the argument this is a substantially larger setback. If this were a skinny little yard, the ditch would be up against the wall; but there is more room here because of the larger setback. Senior Planner Skelton responded staff is basing their recommendation on the fact this is a municipal facility, and it is not appropriate for that type of facility. Mayor Youngman then stated she understands the City has allowed these ditches in the past for some facilities, but she believes staff is no longer in favor of this. Mr. Skelton answered, "Only retention ponds are allowed in the front-yard setbacks, not drainage facilities." It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, to deny the remaining requested modification to condition no. 33 of the already approved preliminary plat. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman. Those voting No being Commissioner Smiley. . Adiournment - 11 :25 Dm There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Brown, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. MA~~ ATTEST: ~2.d~, R N L. SULLIVAN Clerk of the Commission- PREPARED BY: ~>-' 'Do M~<-J KA EN L. DeLA THOWER . Deputy Clerk of the Commission 06-05-2000 _____ n__ ---